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State of Wisconsin, ft.**™.,. 
Messages to the Legislature 

AND >• ' 

Proclamations 



OF 



Emanuel L. Philipp 

Governor, 1915-1921 



MILWAUKEE 

WISCONSIN PRINTING COMPANY 

1920 






4\a 



LIBRARY OF CONGRESS 

MAR181921 

DOCUMENTS j-v.olON 



I 

MESSAGES TO THE LEGISLATURE 



I. 

MESSAGES TO THE LEGISLATURE. 

1915 SESSION. 

Regular Session Began January 13, 1915; 
Ended August 24, 1915. 

Extraordinary Session Began October 10, 1916; 
Ended October 11, 1916. 

GOVERNOR'S MESSAGE 

Madison, January 14, 1915. 
To the Senate and Assembly: 

Pursuant to law and established custom I submit to you a state- 
ment of conditions in our state government such as would seem 
most important for your consideration at this time. The printed 
reports of the several departments, giving detailed information, 
will be submitted to you without delay. 

The most important problem that confronts us at this time is 
to introduce economies in the management of our state affairs that 
will produce substantial reductions in state expenditures and make 
a reduction in state taxes possible. The people demand retrench- 
ment. 

In the year 1900 the cost of the state government reached the 
sum of $4,000,000. In the political campaign that was carried on 
in that year this amount was claimed to be excessive, and much 
criticism was indulged in by the press and from the stump of what 
was termed an extravagant use of the public funds. Economies 
that would bring about a substantial reduction in expenditures 
were promised. However, instead of reduction there has been a 
steady increase until at the close of the fiscal year 1913-14 the 
state's expenditures had reached the sum of $15,138,051.99. 

The following table of total expenditures for the period in ques- 
tion shows the large and steady increase: 



6 Messages to the Legislature 

Statement of Net Expenditures of the State of Wisconsin 
for Each Fiscal Year Ending June 30 : 

1903 $ 6,046,565.06 

1904 5,855,446.80 

1905 6,349,800.94 

1906 6,793,912.53 

190? 7,206,058.58 

1908 8,612,289.95 

1909 10,195,031.83 

1910 10,459,978.14 

1911 10,194,291.50 

1912 11,332,874.51 

1913 13,786,766.07 

1914 15,138,051.99 

These vast expenditures are partly due to a policy of expansion 
of the state's activities far beyond what was formerly conceived to 
be the proper function of government, to a lack of business sys- 
tem in organizing these activities, and to the further fact that the 
legislatures have been too generous in their appropriations for the 
support of the several public institutions. This, together with the 
rapid rise in local taxes, largely affected by our state policy, has 
created a demand for a thorough reconsideration of our aims and 
methods, and has made some measure of relief imperative. 

From the report of the Tax Commission, which I now have be- 
fore me, I learn that the total amount of taxes for local and state 
government for the fiscal year ending June 30, 1914, aggregates 
nearly fifty-two and one-half million dollars. The following table 
shows the amount derived from each source classified according to 
the system of taxation which produced it : 

General property tax $41,596,960.00 

Corporation taxes 8,437,906.00 

Income tax 1,950,415.00 

Inheritance tax 458,903.00 

Total $52,444,184.00 

These figures show why the people are complaining of high taxes 
and are clamoring for a change in the policies that have produced 
such enormous expenditures. The results of the recent election 
justify the statement that there is a general demand among the 



Session of 1915 7 

people for a substantial reduction in taxes, and I regard it as my 
plain duty to recommend to you a policy of strict economy. 

Public institutions that have been the recipients of too liberal 
appropriations may not be willing to have their financial support 
cut down, and we may reasonably expect strong opposition to any 
effort to inaugurate a financial policy that will conform to the de- 
mands of the people. However, I regard my election as governor 
as a contract with the people to reduce the expenditures of the 
state government to a reasonable basis, and I propose to fulfill that 
promise so far as it is within the power of the executive to do so. 

The people have expressed a demand for a closer adherence to 
constitutional government, and to the use of sound business prin- 
ciples in government. This demand for economy, as I interpret 
it, does not mean that we should oppose those things that make 
for human progress ; on the contrary, successful government, like 
all other successful institutions, must move forward and increase 
its usefulness to man. The people of Wisconsin want a govern- 
ment that is humane in its tendencies, truly progressive and re- 
sponsive to the demands of a more complex civilization. In meet- 
ing these demands, however, we should not allow our zeal to lead 
us into costly fads, nor should we forget that a waste of the people's 
substance is not helpful to the cause of human progress. 

Boards and Commissions 

One of the tendencies of our state government in recent years 
has been to create a large number of commissions or bureaus to 
which has been delegated a large part of the functions of govern- 
ment. While some commissions are useful and, therefore, indis- 
pensable, quite a number can be abolished and others consolidated, 
greatly reducing the number of employes and in that way effecting 
a substantial saving. It should be our purpose to retain every 
service rendered by the state at this time that is useful to the people 
and is worth what it costs. But in rendering this service care 
should be exercised so as to prevent duplication of employes, and 
their duties should be so arranged as to enable them to give the 
maximum service. 

We can not proceed by a mere policy of abolishing commissions ; 
we must retain certain ones in view of the fact that there are now 
certain lines of service which this form of administration is best 



S Messages to the Legislature 

suited to perform. Government was not originally planned to en- 
gage in business. Its formal methods of procedure were hardly 
suited to meet and dispose of the multitude of details which come 
up in a business institution. In certain modern developments of 
governmental activity this freehanded efficiency came to be needed. 
Commissions, whose powers are to a large extent a mixture of the 
legislative, the executive and the judicial, form this more flexible 
arm of governmental administration; and insofar as this free- 
handedness makes for efficiency and dispatch, without the assump- 
tion of unsafe powers, they are wholly to be commended. 

However, along with this new-found advantage, there have de- 
veloped certain dangers and disadvantages. It seems to be inherent 
in the nature of such bodies to run into extravagance. This is 
partly due to the fact that while they are virtually engaged in run- 
ning a business they are not held back by the business man's 
consciousness that it is his own profit and loss which is at stake; 
and partly to the system of organization which enables them to 
proceed with too little check. The commissions and boards that 
are now carrying on a large part of the functions of government 
are entirely independent of any control by the constitutional offi- 
cers of the state who are elected by the people, and who are directly 
responsible to the people. It may be said that in Wisconsin the 
major part of the state government is carried on by bureaus that 
are independent of the people. The commissioners, being ap- 
pointed by the governor, are authorized by law to appoint such 
assistants as they see fit. They regulate the salaries of their own 
employes and audit their own bills. The commissions are numer- 
ous, each line of activity being vested in a separate board with its 
own set of employes. This system has led to much duplication of 
service and great extravagance. 

The agencies of government should at all times be kept under 
the control of the people and made responsible to the people. It 
was so intended in our original plan of government, and whenever 
we depart from that, as we have in this instance, we deprive the 
people of the power of self government. 

The people wish to hold the governor responsible for carrying 
out a large part of their governmental policy. This, I believe, is 
particularly true in the matter of expenditures, for it is in the na- 
ture of his office to act as a check upon other branches of the gov- 
ernment. I believe it to be right, therefore, that the chief execu- 






Session of 1915 9 

tive should be held responsible, so far as is possible, for the ad- 
ministration of government, and particularly for any extravagance 
that may be connected therewith. Such responsibility naturally 
devolves upon him, for as he is elected by the people, he can be 
made immediately responsive to their will. 

However, under the system of commissions and bureaus as es- 
tablished under our present law, the governor is without power to 
influence the expenditures of such bureaus except so far as he may 
exercise his veto power over appropriations made for their use. 
Once they have received their money there is nothing to influence 
them toward a policy which will make their expenditures any less 
than this maximum amount. Their whole nature is to expand. 

That the people wish to rely upon the governor to exercise a 
better control over public expenditure, will, I believe, not be ques- 
tioned by those who understand present day public sentiment. It 
would, however, be manifestly unfair to hold the executive respon- 
sible for expenditures that he can in no wise control, and I recom- 
mend that the laws creating commissions be so amended as to give 
the governor some measure of supervision over the expenditures of 
these bodies. 

In the work of consolidating some commissions and discon- 
tinuing others I wish to lay emphasis upon the necessity of retain- 
ing all those features of each that have proven useful to the people. 
The Eailroad Commission is performing a useful service and de- 
serves to be liberally, though not extravagantly, supported. This 
body is conducting investigations of railroads and public service 
corporations, much of which information is of like nature with 
that needed by the Tax Commission and the results of which can 
be made available for the Tax Commission so as to relieve that 
body of the necessity of duplicating the work of the Eailroad Com- 
mission. In the interest of economy the field work of the Tax Com- 
mission should be cut clown as much as possible, especially where 
it can be covered by the investigations of the Eailroad Commission. 
I recommend as a further economy that the services of income 
assessors be dispensed with and that their duties be transferred to 
■ the local assessors and tax-collectors. If local assessors can be 
trusted with the assessment of real estate and all other taxable 
property, I fail to see any good reason why they should not be 
trusted with the assessment of incomes. The matter of securing 
full returns of taxable incomes is achieved by the penalties provided 



10 M ESSAQ ES TO T 1 1 E L E< 1ISL A T C RE 

by law more than by any activity upon the part of the income 
assessor. This rule would also hold true in the assessment of per- 
sonal property for which the income tax is a substitute. Inasmuch 
as 90 per cent of the income tax goes back to the counties and 
municipalities in which it is collected, it is safe to assume that 
i be local assessors will not lack in energy to get a full return. The 
Tax Commission reports the cost of collecting income tax for the 
fiscal year ending June 30, 1914, as $99,207.59. This amount can 
be largely saved to the state by the change in system which I have 
suggested. 

During the short time that I have been in office I have not been 
able to examine the present organization of commissions and boards 
in sufficient detail to enable me to make practical and specific 
recommendations as to the consolidation of some and the abolish- 
ment of others. It is, however, the business of this administra- 
tion to abolish all that are useless and to greatly reduce the num- 
ber of those institutions, and as far as it is practical to bring the 
government back to the constitutional officers of the state. I, there- 
fore, recommend that you make a thorough investigation of the 
entire subject with a view to meeting the public demand. 

Workmen's Compensation 

The Workmen's Compensation act is correct in principle and 
should receive the attention of the legislature with a view to 
further perfecting it. The basic idea of the law is that the in- 
jured workman shall be compensated as soon as possible and with- 
out litigation. The definite schedule of injuries enacted by the 
legislature has enabled the employer and employe, in a large num- 
ber of cases, to decide between themselves what the verdict will 
necessarily be. This has not only relieved the workmen of the ex- 
pense of litigation but has to a considerable extent relieved the 
state of the expense of sending inspectors to assist in settlement. 

Nevertheless, the cost of conducting the affairs of the Industrial 
Commission has grown to a large sum. For the fiscal year ending 
June 30, 1914, the cost of the commission was $104,973.00. It 
seems that a large item of this cost is due to the expense of send- 
ing out inspectors on individual cases, and the ultimate perfecting 
of the law will result in materially reducing this part of the cost 
of administration. With a view to making settlements easier for 



Session of 1915 11 

the workman and his employer, and for the purpose of reducing 
the cost of administration, I recommend that the schedule be per- 
fected, either by amending it where the commission has found it 
inequitable and unsatisfactory or by enlarging it to cover a greater 
variety of cases. I suggest for your consideration that the initial 
service in each case shall be performed by the county judge in the 
county where the injury occurred. 

The law now provides that all appeals from orders of the com- 
mission shall be taken to the circuit court of Dane county. This 
provision makes litigation under the act unnecessarily expensive 
and is inconsistent with the spirit of the law. I would suggest 
that the law be changed so that cases appealed to the circuit court 
may be tried in the circuit where the claim originated. 

Legislative Reference Bureau 

The legislature of 1903 created a legislative reference library. 
Its purpose was to furnish information to members of the legis- 
lature upon such subjects as related to legislation. It has since 
been converted into a bill drafting institution where proposed laws 
are furnished upon application without any further effort upon the 
part of the legislator. This system has had the effect of greatly 
increasing the number of bills introduced and has resulted in the 
passage of a great many useless laws. The legislature of 1913 
passed 778 bills. 

The purpose of the original act creating the library was good. 
However, we must now judge its value by the record it has made, 
which I believe to justify the statement that it has exercised an 
undue influence upon legislation. It has resulted in outside prep- 
aration of bills for legislative action, superseding individual legis- 
lative study, and greatly impairing legislative efficiency to act as 
the result of that individual judgment which members of such 
a body should devote to the work they were elected to perform. 
Originally projected as a library, it has in every sense become a 
bureau. I therefore recommend that the law creating the bureau, 
as it is now known, be repealed. This will have the effect of 
saving about $21,000 per year. 



12 Messages to the Legislature 

State Printing 

The cost of state printing has grown to an enormous sum. 
Each year has shown an increase. In this connection the follow- 
ing table is interesting: 

Fiscal Year. 

1900-1901 $ 42,138.69 

1902 60,413.05 

1903 53,948.87 

1904 84,916.27 

1905 60,650.08 

1906 109,959.58 

1907 108,998.98 

1908 162,045.21 

1909 103,448.75 

1910 163,351.88 

1911 123,312.25 

1912 204,427.11 

1913 217,047.08 

1914 259,665.50 

The State Board of Public Affairs has recently investigated 
this matter and strongly criticises the lack of system. The fol- 
lowing statement appears in its report: "Evidence of waste and 
inefficiency are to be found on every hand resulting largely from 
practices which have been passed on to each succeeding adminis- 
tration. Such costs of waste as this study has disclosed are evi- 
dences of the inefficient past." The report would indicate that 
printed matter is ordered in too large quantities. It says : "Too 
many volumes are issued and there are too many pages in the 
volume/' 

A large quantity of printed matter that is now worthless has 
accumulated. The report states that 786,390 books and pam- 
phlets are now stored in the south wing of the capitol building. 
It appears that one of the sources of expenditures is the cost of 
printing a large number of Blue Books, the last legislature hav- 
ing authorized the publication and distribution of 37,500 copies. 
Indiana issues 1,700 ; Ohio 8,000 ; Illinois 10,000 ; Minnesota gives 
fifty copies to each member of the legislature, and Iowa gives 
sixty copies to each member. Members of the last legislature in 
our own state received 250 copies each. 






Session of 1915 13 

The number of Blue Books authorized and printed is evidently 
too large and should be cut down to such a number as can be 
distributed among the people with profit to them. 

The entire subject of printing deserves consideration and I 
recommend that some better supervision be established by law 
over the matter of public printing in order that useless publica- 
tion may be eliminated and that some regard be had for the prob- 
able demand, thereby substantially reducing the expense. 

State Insurance 

It has been the policy of the state since 1903 to assume the 
fire risk on its own buildings. The insurance carried on state 
property by the state is reported by the commissioner as $17,670,- 
000. In addition to this there is on the statute books of the state a 
provision that all property of cities, counties, villages and school 
districts, after favorable vote on the part of boards or councils 
having charge of such public property, may contract for their 
insurance protection with the commissioner of insurance. The 
amount of insurance carried under this provision is reported to 
be $1,595,359, making a total of insurance carried by the state 
of $19,265,359. The insurance commissioner under date of De- 
cember 18, makes the following statement concerning the condi- 
tion of this fund: 

ASSETS 

Cash in hands of state treasurer $62,701.91 

Premiums in process of collection 68,936.69 

$131,638.60 
LIABILITIES 

Unearned premiums $41,194.55 

Due to general fund 78,137.99 

$119,332.54 

Surplus over all liabilities $12,306.06 

The Board of Regents of the normal schools have recently 
brought an action in court to compel the insurance commissioner 
to turn over to the normal school fund an additional sum of 
$106,800 in settlement of a loss caused by the destruction by fire 



1 [ Messages to the Legislature 

of the state normal school at Superior. It is evident from this 
that if the courts finally order the payment of this amount the 
insurance fund will show a deficit, either in case the state sus- 
tains a loss of the amount involved, which means that the pre- 
miums accredited to the insurance account in the past ten years 
have not accumulated a fund that protects the state against loss 
either by fire or tornado; in fact the state has lost a substantial 
sum of money by not insuring its property. If any considerable 
loss should occur at this time of the property of the counties, 
towns or villages now insured with the state it would be neces- 
sary to pay it out of the general fund, and this raises the con- 
stitutional question whether the insurance commissioner has a 
right to use money out of the general fund to pay losses occurring 
to county or municipal property. 

The present condition of this fund after an experience of ten 
years demonstrates conclusively that state insurance on the basis 
on which it has been carried on is a failure. I believe this to 
be due to the fact that the value of the units insured bears too 
large a proportion to the total risks carried. Losses seem to 
occur frequently, and the amounts are uniformly large, which 
seems to make the project unsafe and therefore undesirable. I 
therefore recommend that the present system of state fire insur- 
ance be discontinued, and more reliable insurance be substituted 
therefor. 

Highways 

The state now is engaged in what is generally conceded to be 
an extravagant system of highway building. There is annually 
appropriated out of the general fund $1,200,000 for state aid, 
and $100,000 to the highway commission with which to carry 
out the purposes of the act. It must be borne in mind that in 
addition to this the towns and counties which ask for state aid 
must each furnish an equal sum to that provided by the state. 
If the appropriation for 1914 is used the total amount expended 
on state aid roads for that year would be $3,600,000, exclusive of 
the expense of the commission and whatever the towns and coun- 
ties might have expended for supervision. This amount is gen- 
erally regarded by the people as excessive and burdensome to the 
taxpayers. The people generally wish to continue to improve our 



Session of 1915 15 

highways, but there is a widespread feeling that we should be 
more conservative in the use of public funds for that purpose. 

It would seem that the first step necessary in proceeding with 
this project is to organize, under the supervision of a competent 
highway engineer, a staff of practical road-builders, and this, it is 
generally conceded, is difficult to secure. Furthermore, there still 
is much doubt in the minds of practical men as to the best mate- 
rial to be used in the construction of highways. These facts, 
together with the opposition to high taxes, make it imperative 
to proceed on a more conservative basis. 

The project presents an engineering feature which should be 
supplied by the state. There must be uniformity in the plan 
of building roads. Furthermore, state aided work should be car- 
ried on in accordance with the requirements of the state. This, 
however, does not make it necessary that the state should carry 
out the work of actual construction. It is generally conceded 
that county authorities being familiar with local labor conditions, 
are able to produce greater results for the money expended. 

The condition of many state roads that but recently have been 
built proves conclusively that it is necessary to make better pro- 
vision for their maintenance. It will be a waste of money to 
go on with these great expenditures for highways unless suitable 
arrangements are made to keep them in repair. 

State Forestry 

In 1903 the legislature created the department of forestry, and 
began the project of reforesting cutover timber lands in the north- 
ern part of the state. There is annually appropriated $35,000 
to pay the salaries and carry out the provisions of the act. The 
legislature of 1911 made an appropriation of $250,000, distributed 
over a period of five years, for the purchase of additional lands, 
and the law further provides for an annual appropriation of 
$10,000 which can be expended by the state land commissioners 
for the purchase of lands that have reverted to counties for taxes 
and for other lands. This appropriation has been used each year 
since it was authorized. The total appropriation available to the 
forestry department is $95,000 per annum. 

The state set aside all swamp lands that were left north of 
town 33 and the department has the use of the income from 



16 Messages to the Legislature 

these lands derived from the sale of dead and down timber, from 
trespass and from sales of scattering and agricultural lands that 
are not suitable for forest reserve. The state forester reports 
that the income from this latter source has been large, the total 
being $435,476.13. Of this amount $381,706.88 has been ex- 
pended or reinvested. He reports the following investments in 
lands : 

Appropriations for lands expended $146,027.48 

Income from swamp lands reinvested in other lands.. 272,781.22 

Total $418,808.70 

Amount due on lands remaining unpaid (because of 

question pending before supreme court) $130,817.35 

There has been expended for improvements $121,522.60, mak- 
ing a total investment for the state of $671,148.65 since the or- 
ganization of the department, exclusive of the cost of supervision 
and planting. 

The state forester reports that approximately 1,000 acres of 
land have been replanted and that the average cost is $4.98 per 
acre, and that the output of the state's forest nurseries will be 
sufficient to plant about 1,000 acres per year, the cost of which 
will approximate $5 per acre. The validity of certain purchases 
of land for this department, and the question as to whether the 
state has the authority to place any of the school fund lands in- 
cluding lands set aside for school purposes out of the swamp land 
grant, university fund lands or agricultural college lands in the 
state forest reserve and the further question whether the using 
of revenue raised by present taxation to promote production or 
improvement for the benefit of future generations is using money 
for a public purpose within the meaning of the constitution, are 
now pending before the supreme court. Whether the state can 
proceed with the project of reforestation as now planned will 
depend upon the judgment of the court. Even though there were 
no legal obstruction I believe it to be a questionable project. .' ■ 

It can be urged to' be a moral obligation to future generations 
to replace this valuable natural resource with which our state 
was so abundantly supplied. However, it seems perfectly clear 
that that obligation rests upon the national government. The 
virgin forests of our state provided a timber supply for a large 
part of the country. It would have been morally wrong to at- 



Session of 1915 17 

tempt to confine its use to our own state. For the same reason 
it would be morally wrong to attempt to confine the use of the 
timber supply of the future to the people living within the state. 
Inasmuch as the product must always be available for all the 
people it is clearly the duty of the United States government to 
provide for the future supply. I believe it would be manifestly 
unfair to tax so small a political unit as the state of Wisconsin 
for the purpose of producing a resource that will in the end 
be for the benefit of the people at large. 

As a business proposition it should not appeal to us. We have 
had sufficient experience to convince us that the annual cost is 
large and that the investment which has already reached a large 
sum will continue to grow rapidly in sums that will burden the 
taxpayers. There is a diversity of opinion among experts and 
practical men as to the time required to produce a tree that can 
be converted into merchantable timber. The estimates run from 
fifty to 100 years. It should not require much argument to con- 
vince anyone that a business proposition which cannot possibly 
pay any returns for a period of from fifty to 100 years is not 
attractive, and is, as a matter of fact, an unwise investment. 
Furthermore, the property is subject to destruction by fire or 
storm; therefore it is not exempt from the ordinary business risk. 

The project is open to the further objection that it removes 
so large an acreage from the tax roll of sparsely settled counties 
in the northern part of our state as to make local taxation bur- 
densome to the remaining property. It is open to the further ob- 
jection that any large and contiguous tract of land in Wisconsin 
must necessarily contain a considerable amount of land that is 
suitable for agriculture. The time is coming, and judging by 
agricultural development for the past fifty years it is not far 
away, when every acre that will produce a crop will be demanded 
by the people. Everywhere in the country the forest tree has 
been obliged to yield before advancing civilization, and the north- 
ern pait of our state, which is rich in soil, will not be the ex- 
ception. When that time comes your legislature will yield to 
the demands of the willing settler, and your forest reserves will 
be converted into farms, regardless of what it costs the state to 
plant the trees. 

In view of these many objections I recommend that there be 
no further expansion of the policy of reforestation, and that agri- 



18 Messages to the Legislature 

cultural lands in the forest reserve be thrown open to settlers, 
in lots not to exceed 160 acres for each applicant, and that fur- 
ther appropriations be cut down to what may be necessary to pro- 
tect the property that the state now owns. 

State University 

The people of our state have been generous in their support 
of public education. While it is clearly their purpose to build 
up an educational system that will give equal facilities to all the 
people, it appears that in recent years a tendency has grown up 
under which higher education receives a rather disproportionate 
amount of the money available for educational purposes. This 
state of affairs has directed the attention of the people to our 
educational institutions and has subjected some of them, and par- 
ticularly our state university, to severe criticism. 

The people wish to maintain the university as a first class in- 
stitution of learning; however, the amount of money needed to 
meet its demands is so large that the people have come to regard 
it as being unnecessarily extravagant and there is a general de- 
mand for a substantial reduction in the appropriations. 

As a result of this growing feeling, the state board of public 
affairs ordered a survey, a report of which, covering a year of 
investigation, will soon be submitted to you. The discoveries of 
the investigators are many, and cannot be discussed in this mes- 
sage. No doubt there is sufficient information in the report to 
enable you to correct the faults of the institution, whatever they 
may be. 

There are certain features of the report to which I desire to 
call your especial attention. I have been informed that the re- 
port will show that there is now sufficient room, if economically 
used, to meet the demands of all departments, and accommodate 
all the students in attendance. If this is true it should put an 
end to building operations until it can be demonstrated that 
additional buildings are absolutely necessary, and appropriations 
amounting to $650,000 which were made available on March 1, 
1915, and any other appropriations for building purposes the con- 
tracts for which have not yet been approved, should be promptly 
repealed. 

I also wish to call attention to that part of the survey which 



Session of 1915 19 

deals with the subject of nonresident students. It is stated that 
nearly 1,400 are now in attendance who are not residents of 
the state of Wisconsin. This is a large per cent of the total at- 
tendance and raises the question whether the taxpayers of the 
state wish to maintain a university that will furnish facilities 
without limit to nonresident students, and whether the presence of 
so many students of this class is not working to the disadvantage of 
the young men and women who are residents of the state. 

There seems to be a diversity of opinion on the question of 
annual per capita cost. However, the tuition fee of $100 per 
annum which nonresident students pay evidently does not com- 
pensate the state for the amount of money expended for teachers 
and facilities, and the amount that is lost annually on nonresi- 
dent students is large. 

In considering this question we must take into account the 
value that the university management places upon the broaden- 
ing influence that the presence of the nonresident has upon our 
own people. At the same time we must not lose sight of the 
fact that the university is maintained by the taxpayers of the 
state and that the average taxpayer of the state of Wisconsin is 
a man of moderate means who is struggling to educate his own 
children and in most cases succeeding only partially. 

In addition to the increased cost to the university it is pointed 
out that the presence of so many nonresident students in the 
capital city has created a competition for living accommodations 
and as a result the expenses which resident students have to 
meet have been materially advanced. We should not adopt a nar- 
row policy of excluding nonresident students. We should, how- 
ever, charge a tuition fee that will compensate the state for the 
cost of their education, and we should limit the number who may 
be admitted to suit the present facilities of the school after resi- 
dent students have been taken care of. 

To offer free educational facilities to the world is a laudable 
undertaking; however, it is one which should be taken care of 
by men of wealth. I think it only fair to say that the American 
millionaire has made liberal provision for educational facilities 
which are open to all who may apply. Our country has many 
splendid colleges that are richly endowed and whose doors 
are open to foreigners as well as people of our own country. But 
our own institution is maintained by taxpayers and is limited in 



20 Messages to the Legislature 

its resources to an amount that can be collected from the people 
without becoming a burden to them. Furthermore, as they main- 
tain the institution they should be given prior rights to its bene- 
fits. 

There are many other features of the university to which I 
would feel impelled to direct your attention were it not that you 
are about to have laid before you the report of the extensive in- 
vestigation made under the direction of the state board of public 
affairs. 

Normal and Rural Schools 

A very liberal policy has been pursued in the matter of build- 
ing state normal schools. Eight are now in operation and a new 
one is now in process of construction. This policy has greatly 
increased the expenses of that branch of education. The appro- 
priation by the last legislature for normal school purposes ex- 
ceeded $1,000,000 for the year ending June 30, 1914. If these 
schools are to be used exclusively for training teachers it would 
seem unnecessary to build any more of them. 

A comparatively small number of graduates from these schools 
accept employment as teachers in country schools, where they 
are most needed. A greater number are employed in the graded 
and high schools of the cities, where they receive larger pay and 
the profession of teaching is more attractive. The rural school 
courses in our state normal schools, in our high schools and in 
our county training schools are furnishing but forty-five per cent 
of the teachers called for each year in our country schools. While 
trained high school and graded school teachers are being sup- 
plied in sufficient numbers by the university and the normal 
schools, the supply of adequately prepared teachers for the rural 
schools still is a problem. It is no unfair criticism to say that 
legislatures in the past have been lavish in their expenditures for 
the university and most liberal in their appropriations for the nor- 
mal schools, while the rural school, which is the school of the 
masses, has been neglected. 

The first step necessary to improve our country schools is to 
provide a better equipped teacher. In order to do this we must 
provide preparatory institutions within easy reach of the young 
men and women in the country who are willing to make rural 
school teaching a profession. 



Session of 1915 21 

This I believe, can best be obtained by a further extension and 
improvement of our present system of county training schools. 
Twenty-eight counties have established such schools under state 
aid, and this policy upon the part of other counties should be 
encouraged. The teaching of rural schools, requiring as it does, 
a teacher who can teach all grades, should be a distinct profes- 
sion. This, however, cannot be hoped for unless the salary of 
the teacher is at least equal to that paid by the graded schools 
in the city. If the state aid which is now provided by law is 
not sufficient to bring the salaries to the necessary standard, ad- 
ditional appropriations should be made for that purpose. How- 
ever, salaries from state funds should be based upon years of 
service. 

County School Boards 

The last legislature passed an act creating county school boards. 
These boards are practically without duties, and there is general 
complaint that because they are without functions it is an un- 
necessary expenditure of money. I recommend that the law cre- 
ating them be repealed. 

Our common schools and particularly our country schools need 
more and better supervision. The development of the common 
school should be carried out under the supervision of the state 
superintendent of public instruction and the county superintend- 
ents, as the law now provides. There is a well-founded complaint 
that many of the latter officials are not well qualified and that 
others do not devote enough time to the work of supervision to 
produce results. Much of the inefficiency is due to the fact that 
the compensation paid by counties to county superintendents is 
not sufficient to attract competent men. An adequate salary 
should be provided by law. In many counties there are so many 
schools that the superintendent finds it impossible to give the 
necessary supervision as time will permit him to make only a 
brief call at each school in a year. In such counties he should 
be given assistants according to the number of schools. 

A Central Board of Education 

A systematic development of our educational system would be 
better accomplished if our educational institutions were placed 



22 Messages to the Legislature 

hi charge of a central board of education, instead of having a 
number of boards as at present. The fault of the present sys- 
tem is that each board sees only its own institution, and man- 
ages it without due reference to the system as a whole. The 
board of regents of the university have been very successful in 
securing appropriations from the legislature. Their case is al- 
ways ably presented and the prestige of that institution naturally 
brings much influence to bear upon members of the legislature. 
The largely increased appropriations at each session bear testi- 
mony to the superior abilities of its representatives in securing 
money from the legislature. 

The board of regents of the normal schools also are an influen- 
tial body. With their schools distributed about the state they 
are in good position to bring local influence strong enough to 
secure for them and their institutions all they ask for. The com- 
mon schools, which are the schools of the masses, are not thus 
represented, and do not receive their fair proportion of all the 
money available for educational purposes. 

The result is that we are building our educational system from 
the top down instead of from the bottom up. This system is 
wrong, and needs to be corrected in the interest of the people. 
A single board of education, representing all of these interests, 
would give better business management, would cause the monies 
to be more equitably apportioned and correlate the state's edu- 
cational activities. 

I recommend that the board of regents of the university and 
the board of regents of the normal schools be abolished, and that 
there be created instead a central board of education. 

I suggest that this board consist of thirteen members, eleven 
of whom shall be appointed by the governor. There shall be on 
said board three presidents of normal schools and two county 
superintendents of schools, and the president of the university 
and the state superintendent of public instruction shall be ex- 
oft'icio members. 

Besides those members actively engaged in educational pursuits, 
there shall be three members who shall devote all of their time 
to the work and shall receive pay for their services, and three mem- 
bers who shall be appointed and serve on stated occasions as the 
w T ork requires without compensation. 

I believe that the instructional side of our educational institu- 






Session of 1915 23 

tions should be represented by educators and the business side 
by business men. A board so constituted would be evenly bal- 
anced to meet all requirements of these institutions. 

School Trust Funds 

I feel it encumbent upon me to call }'our attention to the con- 
dition of certain trust funds held by the state. For the purpose 
of aiding the union in its prosecution of the civil war and for 
payment of bounties to volunteers from Wisconsin and for tem- 
porary aid of families of Wisconsin soldiers serving in the union 
army, the state raised and expended large sums of money by the 
issue and sale of its bonds. This was done under the authority 
of an act of the legislature passed in 1861. In addition to the 
bond issues some monies were taken from the trust fund for which 
certificates of indebtedness were issued directly, these bonds and 
certificates amounting in the aggregate to $2,100,000. In 1866 
the state took up all of the war indebtedness of $2,100,000 and 
in addition $100,000 of improvement bonds with trust funds of 
the state, issuing therefore certificates of indebtedness to the 
amount of $2,251,000. In this amount there was included $51,000 
of accrued interest. Under authority of the laws of 1866 the 
entire indebtedness, including the amount thereafter to become 
due, was apportioned among the several state trust funds, and 
state certificates of indebtedness bearing interest at the rate of 
seven per cent per annum were issued therefore. These certifi- 
cates, amounting in the aggregate to $2,251,000, remain unpaid. 

The United States government has from time to time, under 
act of congress, reimbursed the state for the obligations incurred 
by it for war purposes, the state having received in the aggre- 
gate $2,257,291.74. Two large payments were made in recent 
years. In 1903 the United States government remitted $458,- 
677.90, and in 1905 $727,740.18. The funds so received from 
the general government belonged to the trust funds and should 
have been used to pay the state's certificates of indebtedness to 
the said funds. This money, however, was placed in the general 
fund for the evident purpose of reducing the tax levy in those 
years. This transaction would seem to be an unlawful diversion 
of trust funds, and provision should be made to retire these cer- 
tificates of indebtedness, 



24 Messages to the Legislature 

1 recommend that an appropriation of $100,000 per year be 
made to create a sinking fund to be used in liquidating this debt. 

Continuing Annual Appropriations 

I wish to call attention to the policy of making continuing 
annual appropriations for the support of numerous public and 
private institutions. This financial policy has a tendency to keep 
up the expenditures of these institutions to the amounts made 
available for them by the appropriations regardless of their actual 
needs. The system does not contemplate the necessity of the va- 
rious departments presenting their requirements to each succeed- 
ing legislature. In fact it may be reasonably assumed by those 
interested that the money will continue to be forthcoming with- 
out further legislative inquiry. 

There should be frequent reconsideration of all state appropria- 
tions, and they should be governed by the necessities of the case 
and the ability of the people to pay. The annual appropria- 
tions now in force under this system amount to nearly $8,000,000. 
This large amount suggests the necessity of a complete revision 
of these appropriations, and a reduction in the amount to con- 
form to a more economical policy. Public policies with reference 
to the expenditure of money should be controlled by the same 
considerations as would affect men in private life. There are 
many things we may wish to have but are compelled to do with- 
out until we can better afford to spend the money. 

It is an unfortunate situation in our government, municipal, 
state and national, that in the expenditures of public money the 
financial situation of the taxpayer receives no consideration. It 
would seem that this is a time when public expenditures of every 
kind should be reduced to a minimum. With the people's income 
much reduced high taxes become a burden. There may be many 
things that they would wish to support liberally, at other times, but 
which, because of the general depression in business, they would 
now wish to forego. - -":■■'.; -• 

Water Powers 

The development and bringing into use of the water powers 
within the state is a matter which should receive your careful 
attention. Most if not all powers of considerable magnitude are 









Session of. 1915 25 

located upon navigable streams. As to such streams the public 
right of navigation is superior to any other, but the state has 
no proprietary interest in the water powers. They belong to the 
owners of adjacent banks, and it will be manifestly to the pub- 
lic advantage to have them improved and put to use in operat- 
ing mills, factories and for other beneficial purposes. In the in- 
terest and for the protection of navigation it has long been the 
policy of the state to permit the erection of dams or other works 
in navigable streams only upon consent of the state, and this policy 
should be adhered to. 

From an early time and until about ten years ago consent of 
the state was freely given by numerous special acts for the erec- 
tion of dams and the development of water powers, and a large 
number were developed, furnishing power to important industries 
and promoting the growth and prosperity of the communities in 
which they are located. For nearly ten years there has been 
no substantial improvement of water power properties because of 
the unfavorable legislation proposed and enacted during that pe- 
riod. In 1911 a water power bill was passed which declared that 
water powers belonged to and were the property of the state and 
contained provisions respecting the development and use of such 
powers so framed as to carry out that view. This act, being chal- 
lenged before the supreme court, was held unconstitutional for 
the reason, among others, that it denied the private ownership 
of water powers. 

In 1913 the legislature enacted a new water power law which, 
while in form recognizing ownership of water powers by riparians, 
provided in substance that as a condition of granting to water 
power owners permission or consent of the state to the erection 
of dams necessary to utilize their property, such owners should 
agree in advance to surrender it to the state at any time after 
thirty years without receiving the compensation which the con- 
stitution provides that every citizen shall receive when his prop- 
erty is taken for public use. 

The hopes and predictions of the advocates of this law have 
not been realized, for not a single application has been made under 
the act for the development of any important water power. It 
is believed that its terms are so burdensome as to seriously im- 
pede, if not absolutely prevent, future development. 

Water power is best conserved by making use of it. It cannot 



26 Messages to the Legislature 

be stored up and held for Future use like coal. The power that 
is not used is forever lost. Legislation should be enacted which 
will encourage such use: but all the rights of the public, as defined 
by the courts, should be fully protected. Most of the undeveloped 
water powers in the state, which are the only ones to be affected 
by future legislation, are located in the unsettled portions of the 
state. Many of them are in the wilderness where for the pres- 
ent there is no public to be served by them, and where, for years 
to come, they must be used for private purposes, if used at all. 
While the latent power of numerous streams in the northern part 
of the state is being wasted because no one will invest in water 
power development under existing laws, settlers in that region, 
for want of a market, are burning the hemlock and other forest 
woods which might, by the aid of water power, be converted into 
paper and other products. 

A great many of our Wisconsin cities, in the central and south- 
ern portions of the state, owe their location and existence to 
water power advantages, the use of which the law formerly en- 
couraged. A like development of the northern parts of the state 
will be greatly hampered if the law, as applied to them, discour- 
ages investment. 

It would seem to be the part of wisdom to promptly enact a 
water power bill which will encourage owners to develop these 
powers and use them for the purposes to which they can now be 
put, making at the same time ample provision safeguarding the 
rights of the state and providing that when the state or any 
municipality shall require the powers for any recognized public 
use they shall be available therefor upon payment of the consti- 
tutional compensation. If they can be used to operate paper or 
pulp mills or other factories it will result in cities and towns 
springing up, as well as in giving to the settlers in our wild lands 
a market for their forest products and the produce of their farms. 

So long as the present system of serving the public with light, 
heat, power and other utilities by means of private corporations 
prevails, it would seem desirable to give to such private corpora- 
tions the right to take over developed or undeveloped water powers 
with which to generate electrical energy for public use whenever 
in the opinion of the railway commission the public can be best 
served by so doing. Ample provision should be made to insure 



Session of 1915 27 

safety in the construction and operation of dams and other hy- 
draulic works. 

Formerly franchises for the erection of dams and the improve- 
ment of streams were granted by special acts, but it seems de- 
sirable to pass a general law authorizing the Railroad Commis- 
sion to investigate each application and grant permits or fran- 
chises under such conditions as the legislature shall prescribe. 

Too Many Laws 

Permit me to suggest to you that there is no demand in this 
state at this time for much new legislation. The legislatures that 
have assembled here in recent years were evidently possessed with 
the idea that every human ill can be corrected by statute. The 
last legislature seemed to be particularly active. It remained in 
session for eight months and passed 778 laws. 

Laws that are not supported by public sentiment or for which 
there is no general demand are but poorly observed ; and non- 
observance of the law creates contempt for all law. This legis- 
lature can render the people a service by removing from the statute 
books a large number of laws that are useless because public- 
opinion does not support them. People wish to be helped rather 
than hampered by government, and government will render them 
the best service when it confines its activities to those things for 
which government was created. Tn the past ten years this state 
has made a national reputation for so-called progressive legisla- 
tion. Business men declare that we have been fighting business. 
The results of the last election clearly indicate that the people 
have reversed their policy in this respect, and they now demand 
a government that will encourage rather than hamper the develop- 
ment of industry. 

EMANUEL L. PHILIPP, 

Governor. 

EXECUTIVE COMMUNICATIONS 

To the Honorable, the Senate: 

Pursuant to the statutes governing, I hereby nominate and, 
by and with the consent of the Senate, appoint 

Carl D. Jackson, of Oshkosh, Wisconsin, to be a member of 
the Railroad Commission of Wisconsin for the balance of the 



28 Messages to the Legislature 

unexpired term ending on the first Monday in February, 1919, 
vice John H. Boemer, resigned. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, January 19, 1915. 



To the Honorable, the Legislature: 

Gentlemen : This is to formally notify you that pursuant to 
the statute governing, I have this day appointed the following 
members of the Senate and Assembly to constitute the visiting 
committee : 

From the Senate : 

Piatt Whitman, of Highland, 
W. W. Albers, of Wausau, 
From the Assembly: 

Carl Kurtenacker, of La Crosse, 
Charles Lentz, of Mayville, 
Frank L. McGowan, of Endeavor, 
Frank B. Metcalfe, of Milwaukee. 
The commissions of the members of this committee have been 
transmitted to the sergeant-at-arms of the Senate and Assembly. 

Bespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, January 20, 1915. 



THE STATE OF WISCONSIN, 

Jan. 26, 1915. 
Executive Department. 
To the Honorable, the Legislature: 

Pursuant to the requirements of law, I have the honor to sub- 
mit herewith the report of the Honorable Francis E. McGovern 
of expenditures from the Governor's contingent fund during the 
period from January 1st, 1913, to January 4th, 1915. 

Bespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
January 26, 1915. 



Session of 1915 29 

To the Honorable, the Legislature: 

Pursuant to the requirements of law, I have the honor to re- 
port the following expenditures from the Governor's contingent 
fund, during the period beginning on the first day of January, 
1913, and ending at noon on the fourth clay of January, 1915. 

Subscription to newspapers and magazines $ 356.33 

1913 inaugural, state dinner, legislative reception, re- 
ception to Mayor Blankenburg and visiting Philadel- 
phians, and reception and entertainment of governors 

attending conference of governors 1,459.06 

Caring for Governor Harvey's grave for two years 10.00 

Norwegian centennial 202.25 

Extra stenographic service required in executive office, 
and to Welsh & Carney for reporting governors' con- 
ference, and to John R. Hayes for expenses incurred 

in investigating Essman case 638.11 

Express, telephone and telegraph 102.28 

Printing 144.75 

Railroad fare and traveling expenses of private secre- 
tary, executive clerk and Dr. J. W. Coon 72.58 

Charity, Red Cross seals, contribution to soldiers' monu- 
ment, etc 96.08 

Notary fee and seal for office 3.75 

A. C. Umbreit and H. L. Butler for counsel fees and 

court costs in state cases 3,352.06 

Reward for capture of murderer of Ole Johnson K jorum 
(certified to sec. of state for payment under section 

132, Wis. statutes) 500.00 

Miscellaneous cash disbursement 8.31 



$6,945.56 

Cash on hand Jan. 1, 1913 $ 253.27 

Credit, Jan. 1, 1913, at office of sec. of state. 3,500.00 
Appropriation under section 172-2, Wisconsin 

statutes 4,000.00 



',753.27 $7,753.27 



30 Messages to the Legislature 

Expended to noon, Jan. 4, 1915 $f5,945.56 

On hand Jan. 4, 1915 807.71 

$7,753.27 $7,753.27 
Respectfully submitted, 
(Signed) FRANCIS E. McGOVEKN, 

Governor. 
January 4, 1915. 



To the Honorable, the Legislature: 

Pursuant to the requirements of the law, I have the honor to 
submit herewith the report of the Honorable Francis E. Mc- 
Govern as to pardons and commutations of sentence granted dur- 
ing the term beginning the first Monday in January, 1913, and 
ending on the" first Monday in January, 1915. 

Respectfully submitted, 
(Signed) EMANUEL L. PHILIPP, 

Governor. 
Dated, January 26, 1915. 



To the Honorable, the Legislature: 

I have the honor to submit the following report of conditional 
pardons, pardons and commutations of sentence granted during 
the term beginning the first Monday in January, 1913 and end- 
ing on the first Monday in January, 1915, together with the rea- 
sons which controlled executive action, as required by Section 6, 
Article V of the Constitution of the State of Wisconsin. 

Pardons to Restore Rights of Citizenship After 
Expiration of Sentence. 

Bert Kreger — Convicted before the circuit court for Green 
County, on the 10th day of March, 1909, of the crime of burglary 
in the night time and sentenced to state prison at Waupun for 
the term of five years. Pardon granted restoring rights of citi- 
zenship January 18, 1913. 

Otto Kutz — Convicted before the circuit court for Marathon 
County, on the 5th day of June, 1911, of the crime of larceny 
and sentenced to state prison at Waupun for the term of nine 
months. Pardon granted restoring rights of citizenship on Feb- 
ruary 3, 1913. 



Session of 1915 31 

Arthur Birkholz — Convicted before the municipal court for Mar- 
athon County, on the 14th day of August, 1911, of the crime of 
burglary and sentenced to Wisconsin State Reformatory at Green 
Bay for the term of 18 months. Pardon granted restoring rights 
of citizenship on February 12, 1913. 

Matthew Byterski — Convicted before the municipal court for Mil- 
waukee County, on the 26th day of May, 1891, of the crime of 
burglary, and sentenced to the Milwaukee County House of Cor- 
rection for the term of three years. Pardon granted restoring 
rights of citizenship on February 14, 1913. 

Sherman B. Spencer — Convicted before the circuit court for 
Green Lake County on the 22nd day of June, 1906, of the crime 
of failure to support his wife and sentenced to State Prison at 
Waupun for the term of one year. Pardon granted restoring 
rights of citizenship on February 25, 1913. 

Andrew W. Olson — Convicted before the municipal court for 
Dane County on the 2nd clay of August, 1911, of the crime of 
adultery, and sentenced to State Prison at Waupun for the term 
of one year. Pardon granted restoring rights of citizenship on 
March 24, 1913. 

Theodore DeletzJce — Convicted before the circuit court for Shaw- 
ano County, on the 11th day of March, 1908, of the crime of 
forgery, and uttering forged instrument, and sentenced to state 
Prison at Waupun for the term of five years. Pardon granted 
restoring rights of citizenship on March 24, 1913. 

Joseph Glass — Convicted before the circuit court for Marinette 
County, on the 16th day of January, 1909, of the crime of as- 
sault with intent to rob, and sentenced to State Prison at Waupun 
for the term of five years. Pardon granted restoring rights of 
citizenship on April 3, 1913. 

Thomas E. Goodwin — Convicted before the circuit court for 
Dodge County, on the 2nd day of December, 1902, of the crime 
of assault with intent to do great bodily harm and sentenced to 
State Prison at Waupun for the term of ten years. Pardon 
granted restoring rights of citizenship on April 11, 1913. 

Herman Heinrich— Convicted before the circuit court for Mara- 
thon County, on the 11th day of March, 1902, of the crime of 
burglary and sentenced to State Prison at Waupun for the term 
of three years. Pardon granted restoring rights of citizenship 
on May 9, 1913. 



32 Messages to the Legislature 

Emil Jaegar — Convicted before the district court for Milwau- 
kee County on the loth day of March, 1906, of the crime of 
burglary, and sentenced to the state reformatory at Green Bay 
for the term of not less than three nor more than five years. Par- 
don granted restoring rights of citizenship on May 14, 1913. 

William Burr — Convicted before the circuit court for Shawano 
County, on the 20th day of November, 1907, of the crime of as- 
sault with intent to kill, and sentenced to State Prison at Wau- 
pun for the term of three years. Pardon granted restoring rights 
of citizenship on June 24, 1913. 

Frank Gdshey — Convicted before the circuit court for Portage 
County, on the 12th day of October, 1911, of the crime of em- 
bezzlement, and sentenced to state prison at Waupun for the term 
of eight months. Pardon granted restoring rights of citizenship 
on June 24, 1913. 

Alexander J. Schweichler — Convicted before the municipal court 
for Milwaukee County, on the 1st day of June, 1912, of the crime 
of attempted criminal operation, and sentenced to the Milwaukee 
County House of Correction for the term of one year. Pardon 
granted restoring rights of citizenship on June 26, 1913. 

George T. Gilbertson — Convicted before the county court for 
La Crosse County, on the 25th day of January, 1909, of the crime 
of abandonment, and sentenced to state prison at Waupun for 
the term of one year. Pardon granted restoring rights of citi- 
zenship on July 22, 1913. 

Eden Snyder — Convicted before the municipal court for Mil- 
waukee County, on the 20th day of January, 1911, of the crime 
of grand larceny, and sentenced to the state reformatory at Green 
Bay for the term of one year. Pardon granted restoring rights 
of citizenship on September 23, 1913. 

George R. Howitt — Convicted before the circuit court for St. 
Croix County, on the 28th day of September, 1910, of the crime 
of forgery, and sentenced to state prison at Waupun for the term 
of three years. Pardon granted restoring rights of citizenship on 
October 3, 1913. 

Austin Fossnight — Convicted before the circuit court for La- 
fayette County, on the 24th day of June, 1896, of the crime of 
seduction and sentenced to state prison at Waupun for the term 
of two years. Pardon granted restoring rights of citizenship on 
November 5, 1913. 



Session of 1915 33 

Earl E. Richard — Convicted before the circuit court for Oneida 
County on the 29th day of September, 1910, of the crime of lar- 
ceny, and sentenced to state prison at Waupun for the term of 
two years. Pardon granted restoring rights of citizenship on 
November 26, 1913. 

Frank P. Morris — Convicted before the circuit court for Winne- 
bago County, on the 10th day of December, 1909, of the crime of 
burglar}^, and sentenced to state prison at Waupun for the term 
of five years. Pardon granted restoring rights of citizenship on 
December 6, 1913. 

Otto Jeranek — Convicted before the circuit court for Outagamie 
County, on the 20th day of May, 1905, of the crime of murder in 
the third degree, and sentenced to state prison at Waupun for the 
term of ten years. Pardon granted restoring rights of citizenship 
on December 19, 1913. 

Arthur A. McCormack — Convicted before the circuit court for 
Milwaukee County on the 22nd day of November, 1905, of the 
crime of accepting a bribe and sentenced to pay a fine of three 
hundred and fifty dollars. Pardon granted restoring rights of 
citizenship on December 27, 1913. 

Anton Benson — Convicted before the circuit court for Eau Claire 
County, on the 24th day of March, 1909, of the crime of rape, and 
sentenced to state prison at Waupun for the term of seven years. 
Pardon granted restoring rights of citizenship on December 30, 
1913, on recommendation of the warden of the prison and the 
judge and district attorney advising that they did not oppose 
restoration to citizenship. 

Leopold Laev — Convicted before the municipal court for Mil- 
waukee County, on the 10th day of January, 1912, of the crime 
of making false statement to bank for purpose of procuring credit 
with intent to defraud, and sentenced to the Milwaukee County 
House of Correction for the term of one year. Sentence becoming 
effective on January 8, 1913. Pardon granted restoring rights of 
citizenship on December 30, 1913, on recommendation of judge, 
district attorney and other court officers. 

Joseph Ignac Hrad— Convicted before the circuit court for Ea- 
cine County, on the 29th day of April, 1907, of the crime of 
manslaughter, and sentenced to state prison at Waupun for the 
term of three years. Pardon granted restoring rights of citizen- 
ship on January 24, 1914. 



34 Messages to the Legislature 

William Fiedler — Convicted before the municipal court for Rock 
County, on the 11th day of December, 1908, of the crime of plac- 
ing ties on a railroad track, and sentenced to state prison at 
Waupun for the term of four years. Pardon granted restoring 
rights of citizenship on January 28, 1914. 

Francis E. Mathews — Convicted before the circuit court for 
Lincoln County, on the 4th day of November, 1911, of the crime 
of taking indecent and improper liberties with a female child 
under the age of fourteen years without intent to commit rape, 
and sentenced to state prison at Waupun for the term of one year. 
Pardon granted restoring rights of citizenship on February 24, 
1914. 

Albert James Van Haltren — Convicted before the municipal 
court for Milwaukee County, on the 6th day of March, 1909, of 
the crime of larceny from the person, and sentenced to the Mil- 
waukee County House of Correction for the term of eighteen 
months. Pardon granted restoring rights of citizenship on March 
3, 1914. 

John Schmidt — Convicted before the municipal court for Mil- 
waukee County, on the 28th day of July, 1910, of the crime of 
burglary and sentenced to the state reformatory at Green Bay, for 
the term of eighteen months. Pardon granted restoring rights 
of citizenship on March 5, 1914. 

Harry Meyers — Convicted before the municipal court for Rock 
County, on the 13th day of October, 1908, of the crime of larceny 
from the person and sentenced to state reformatory at Green Bay 
for the term of two years. Pardon granted restoring rights of 
citizenship on March 10, 1914. 

Eugene Ijorge — Convicted before the circuit court for Kewaunee 
County, on the 17th day of September, 1907, of the crime of 
burglary and sentenced to state reformatory at Green Bay for the 
term of one year. Pardon granted restoring rights of citizenship 
on March 18, 1914. 

Fred J. Witzel — Convicted before the municipal court for Mil- 
waukee County, on the 3rd day of April, 1912, of the crime of 
embezzlement, and sentenced to state reformatory at Green Bay 
for the term of one year. Pardon granted restoring rights of 
citizenship on March 19, 1914. 

II. M. Femrite — Convicted before the municipal court for Dane 
County on the 21st day of June, 1907, of the crime of forgery, 



Session of 1915 35 

and sentenced to state reformatory at Green Bay for the term of 
one year. Pardon granted restoring rights of citizenship on April 
6, 1914. 

Henry Fiscus — Convicted before the municipal court for Dane 
County on the 19th day of June, 1911, of the crime of burglary, 
and sentenced to state reformatory at Green Bay for the term of 
one year. Pardon granted restoring rights of citizenship on April 
6, 1914. 

Edward A. Schantz — Convicted before the circuit court for 
Ashland County on the 15th day of April, 1908, of the crime of 
burglary and sentenced to Wisconsin State Eeformatory at Green 
Bay for the term of one year. Pardon granted restoring rights of 
citizenship on April 13, 1914. 

Norman Riley — Convicted before the municipal court for Mil- 
waukee County, on the 4th day of October, 1910, of the crime of 
burglary, and sentenced to state reform a to ry at Green Bay for the 
term of one year. Pardon granted restoring rights of citizenship 
on April 17, 1914. 

Albert Pierce — Convicted before the circuit court for Portage 
County, on the 31st day of March, 1906, of the crime of assault 
with intent to rape, and sentenced to state prison at Waupun for 
the term of one year. Pardon granted restoring rights of citizen- 
ship on April 27, 1914. 

Emil Hoeppner — Convicted before the municipal court for 
Winnebago County, on the 24th day of October, 1911, of the crime 
of larceny, and sentenced to state prison at Waupun for the term 
of three years. Pardon granted restoring rights of citizenship on 
June 4, 1914. 

Charles E. Hitchon — Convicted before the circuit court for 
Marinette County, on the 10th day of October, 1912, of the crime 
of bribery, and sentenced to pay a fine of five hundred dollars and 
costs. Pardon granted restoring rights of citizenship on June 
12, 1914. 

Samuel J. Poad — Convicted before the circuit court for Iowa 
County, on the 30th day of September, 1911, of the crime of assault 
with intent to do great bodily harm and sentenced to state prison 
at Waupun for the term of two years. Pardon granted restoring 
rights of citizenship on August 1, 1914. 

Edward Wegner — Convicted before the municipal court for 
Waukesha County, on the 13th day of August, 1912, of the crime 



36 Messages to the Legislature 

of grand larceny and sentenced to state reformatory at Green Bay 
for the term of one year. Pardon granted restoring rights of 
citizenship on August 28, 1914. 

Leonard M. Scott — Convicted before the circuit court for Grant 
County, on the 23rd day of February, 1910, of the crime of 
adultery, and sentenced to state prison at Waupun for the term 
of eighteen months. Pardon granted restoring rights of citizen- 
ship on August 28, 1914. 

Leo Wachter — (Convicted before the county court for Barron 
County, on the 9th day of November, 1906, of the crime of burglary 
in the night time and sentenced to Wisconsin State Reformatory 
at Green Bay for a term of thirteen months. Pardon granted re- 
storing rights of citizenship on August 28, 1914. 

Edward Schwartz — Convicted before the municipal court for 
Winnebago County, on the 6th day of February, 1911, of the crime 
of embezzlement and sentenced to state prison at Waupun for the 
term of three and one-half years. Pardon granted restoring rights 
of citizenship on August 28, 1914. 

Max Halm — Convicted before the municipal court for Outagamie 
County on the 23rd day of September, 1909, of the crime of 
forgery, and sentenced to state reformatory at Green Bay for the 
term of one year. Pardon granted restoring rights of citizenship 
on August 29, 1914. 

Lawrence Sullivan — Convicted before the municipal court for 
Rock County on the 19th day of March, 1907, and again on the 
10th day of July, 1900, of the crime of drunkenness and sentenced 
to state prison at Waupun for the term of one year. Pardon 
granted restoring rights of citizenship on September 9, 1914. 

Christ J. Athanasopoulos — Convicted before the circuit court 
for Washington County, on the 6th day of June, 1910, of the crime 
of sodomy, and sentenced to state prison at Waupun for the term 
of four years. Pardon granted restoring rights of citizenship on 
September 14, 1914. 

Fred Schulz — Convicted before the circuit court for Lincoln 
County, on the 30th day of August, 1910, of the crime of em- 
bezzlement and sentenced to state prison at Waupun for the term 
of two years. Pardon granted restoring rights of citizenship on 
September 14, 1914. 

Jay Brewer — Convicted before the municipal court for Rock 
County, on the 29th day of November, 1912, of the crime of 



Session of 1915 37 

larceny from the person and sentenced to state prison at Waupun 
for the term of two years. Pardon granted restoring rights of 
citizenship on September 21, 1914. 

Edward C. McDermott — Convicted before the circuit court for 
Washington County on the 5th day of June, 1912, of the crime 
of burglary and sentenced to state prison at Waupun for the term 
of one 3'ear. Pardon granted restoring rights of citizenship on 
October 17, 1914. 

Arthur Nelson — Convicted before the municipal court for Win- 
nebrago County, on the 11th day of June, 1909, of the crime of 
larceny, and sentenced to state reformatory at Green Bay for the 
term of one year. Pardon granted restoring rights of citizenship 
on October 17, 1914. 

Clarence Killips — Convicted before the municipal court for 
Waukesha County on the 12th day of December, 1908, of the 
crime of receiving stolen property, and sentenced to state prison 
at Waupun for the term of nine months. Pardon granted restor- 
ing rights of citizenship on October 29, 1914. 

Garrett Kerwin — Convicted before the county court for Craw- 
ford County, on the 2nd day of July, 1913, of the crime of 
adultery, and sentenced to state prison at Waupun for the term 
of one year. Pardon granted restoring rights of citizenship on 
December 31, 1914. 

Frank E. Clement — Convicted before the circuit court for 
Juneau County, on the 10th day of October, 1910, of the crime 
of obstructing a railroad track, and sentenced to state prison at 
Waupun for the term of four years. Pardon granted restoring 
rights of citizenship on November 6, 1914. 

Hollie McCallum — Convicted before the circuit court for Juneau 
County, on the 10th day of October, 1910, of the crime of ob- 
structing a railroad track, and sentenced to state prison at Waupun 
for the term of four years. Pardon granted restoring rights of 
citizenship on November 21, 1914. 

Andrew Mandle — Convicted before the circuit court for Ash- 
land County, on the 22nd day of September, 1902, of the crime of 
sodomy, and sentenced to state prison at Waupun, for the term 
of eighteen months. Pardon granted restoring rights of citizen- 
ship on December 1, 1914. 

In all the above cases, except where otherwise noted, the pardon 
restoring rights of citizenship was not granted until the applicant 



38 Messages to the Legislature 

had been discharged for one year or more, or had been paroled for 
a period of a year or more prior to the expiration of sentence, and 
until petitions had been filed signed by reputable people testifying 
to the applicant's worthiness to be restored to citizenship. 

Absolute Pardon from the State Prison at Waupun 

John Gross — Convicted before the municipal court for Milwau- 
kee County, on the 7th day of June, 1904, of the crime of 
burglary, and sentenced to state prison at Waupun for the term 
of fifteen years. On March 4, 1913, an absolute pardon was granted, 
the prisoner having served all but ten days of his sentence, having 
made a good record while on parole and a pardon being necessary 
in order to qualify him to take a homestead claim. Lieutenant 
M. B. Briscoe, U. S. A., Boise Barracks, Idaho, endorsed the appli- 
cation of Gross for a pardon. 

George Wightman — Convicted before the circuit court for Fond 
du Lac County, on the 22nd day of November, 1899, of the crime 
of murder in the first degree, and sentenced to state prison at 
Waupun for the term of his natural life. The application for the 
pardon of Wightman was first denied on December 21, 1911. On 
May 12, 1913, it was reopened and it appearing that the prisoner's 
health was breaking rapidly and that owing to his advanced age 
his recovery was impossible and that further confinement would 
materially hasten his death he was granted an absolute pardon. 
The prisoner died in prison on May 13, 1913, about seven hours 
before the pardon reached the prison. He was informed, how- 
ever, by prison officials that an absolute pardon had been granted 
him so he did not die in ignorance of the fact that clemency had 
been extended to him. 

Max Sclieniatzay — Convicted before the circuit court for Milwau- 
kee County, on the 11th day of March, 1911, of the crime of re- 
ceiving stolen property, and sentenced to state prison at Waupun 
for the term of two and one-half years, which sentence was sus- 
pended and the prisoner placed on probation in the custody and 
under the control of the state board of control. On September 4, 
1913, he was granted an absolute pardon, his sentence having 
nearly expired and his record while on probation entitling him to 
clemency. 

Henry E. Cornell — Convicted before the circuit court for Fond 



Session of 1915 39 

du Lac County, on the 10th day of December, 1910, of the crime 
of assault with intent to commit murder in the second degree, and 
sentenced to State Prison at Waupun for the term of three years. 
On December 1, 1913, Cornell was granted an absolute pardon for 
the reason that but nine days remained to his sentence, that the 
conditions of his parole had been faithfully kept and that a pardon 
in his case operated merely to restore citizenship. 

Irving Allen — Convicted before the circuit court for Fond du 
Lac County, on the 8th day of December, 1910, of the crime of 
perjury and sentenced to State Prison at Waupun for the term of 
three years. On December 1, 1913, Allen was granted an absolute 
pardon for the reason that but seven days remained to his sentence, 
that the conditions of his parole had been faithfully kept and that 
a pardon in his case operated merely, to restore citizenship. 

Marie Novfcovic — Convicted before the municipal court for Mil- 
waukee County, on the 4th day of March, 1911, of the crime of 
murder in the first degree, and sentenced to State Prison at Wau- 
pun for the term of her natural life. On June 4, 1914, she was 
granted an absolute pardon for the reason that a study of the evi- 
dence showed that the greatest offense of which she was guilty 
was that of accessory after the fact. It was further shown that 
the mental health of the prisoner would be menaced by further 
confinement and her pardon was recommended by the district at- 
torney who prosecuted her and by the judge who sentenced her. 
Miss Katherine Williams of the state board of control also recom- 
mended that a pardon be granted. Showing was made that in the 
event a pardon was granted Mrs. Novkovic would return to her 
home in Europe. 

Minor B. Perkins — Convicted before the circuit court for Wood 
County, on the 28th day of March, 1888, of the crime of murder 
in the first degree, and sentenced to State Prison, at Waupun for 
the term of his natural life. On June 29, 1914, he was granted 
an absolute pardon for the reason that a study of the evidence 
raised doubt as to whether the offense committed was really first 
degree murder. It was also evident that he had been sufficiently 
punished, that his conduct while on parole had been exemplary 
and his pardon was recommended by the State Board of Parole. 

Henry Lamont — Convicted before the circuit court for Douglas 
County, on the 14th day of March, 1896, of the crime of murder 
in the first degree, and sentenced to State Prison at Waupun for 



40 Messages to the Legislature 

the term of his natural life. On December 21, 1914, he was 
granted an absolute pardon for the reason that a study of the evi- 
dence raised a doubt as to whether or not he was actually guilty 
of the crime of which he was convicted and because his conduct 
while on parole had been exemplary and such as to merit a pardon. 

Francis M. Burris — Convicted before the circuit court for Mon- 
roe County, on the 19th day of December, 1876, of the crime of 
murder in the first degree, and sentenced to State Prison at Wau- 
pun for the term of his natural life. On December 18, 1914, he 
was granted an absolute pardon because his conduct during a five- 
year parole period merited such clemency and because his absolute 
pardon was unanimously recommended by the State Board of Con- 
trol. 

William M. Fuller— Convicted before the circuit court for Dane 
County on the 13th day of April, 1898, of the crime of murder 
in the first degree, and sentenced to State Prison at Waupun for 
the term of his natural life. An application for the pardon of 
Fuller was denied on December 12, 1911. On March 21, 1913, 
the case was reopened and on recommendation of State Senator C. 
A. Snover of Fort Atkinson and Hon. Ealph E. Smith, President 
of the State Board of Control, and it appearing from affidavits 
of Bester, a co-defendant, and Bester's sister that there was doubt 
as to whether Fuller actually participated in the murder and State 
Senator Snover signifying his willingness to become guardian for 
Fuller, and the judge who imposed sentence not pressing his ob- 
jections and agreeing to the granting of a conditional pardon, 
Fuller was granted a conditional pardon. The conditions were 
that he abstain absolutely from the use of intoxicating liquors, that 
he support his father and mother and that he abide by such further 
rules and regulations as State Senator Snover might prescribe. 
Early in December, 1914, Senator Snover appeared and reported 
that Fuller had abided by all the conditions of the conditional 
pardon, had proven himself worthy of citizenship, and that he de- 
sired to return to his wife and to the son who was born about 
the time Fuller was arrested, and that he (Fuller) felt that he 
could not do so in justice to the said wife and son until his full 
freedom had been granted him, and upon the recommendation of 
Senator Snover and President Smith on December 18, 1914, Fuller 
was granted an absolute pardon. 

Albert Martin — Convicted before the circuit court for Clark 



Session of 1915 41 

County, on the 6th day of June, 1885, of the crime of murder in 
the first degree, and sentenced to the State Prison at Waupun 
for the term of his natural life. On December 18, 1914, Martin 
was granted an absolute pardon for the reason that his conduct 
during the long period of parole had been such as to merit such 
action and because pardon was recommended by the State Board 
of Control. 

Absolute Pardons from the State Reformatory at 
Green Bay 

Orin Shaul — Convicted before the circuit court for Washburn 
County, on the 27th day of May, 1912, of the crime of breaking 
and entering in the nightime, and sentenced to the State Re- 
formatory at Green Bay for the term of one year. On March 21, 
1913, he was granted an absolute pardon on the recommendation 
of the District Attorney, on showing that no loss had been sus- 
tained by reason of the crime, and in recognition of ShauFs good 
character prior to his conviction for this offense. 

Ingwald Running — Convicted before the circuit court for St. 
Croix County, on the 21st day of May, 1902, of the crime of 
burglary, and sentenced to the State Reformatory at Green Bay 
for the term of not less than one year nor more than two years. 
On December 24, 1913, Running was granted an absolute pardon 
for the reason that notwithstanding the fact that he had escaped 
from the Reformatory he had wholly reformed, was connected with 
a good family in Minneapolis, was recommended for pardon by 
Governor Eberhart of Minnesota, who testified to his reformation, 
that the offense had been committed more than a decade ago and 
that a pardon gave him opportunity to become a useful citizen.' 

Absolute Pardons from the Milwaukee County House of 

Correction 

Alexander J. Scluveichler — Convicted before the municipal court 
for Milwaukee County, on the 1st day of June, 1912, of the crime 
of producing a miscarriage (Section 4583, Wisconsin Statutes) 
and sentenced to the Milwaukee County House of Correction for 
the term of one year. On July 22, 1913, he was granted an abso- 
lute pardon for the reason that he had served the full sentence 



42 Messages to the Legislature 

imposed, that he was seventy-two years old, that he could not 
secure a restoration of his physician's license unless pardoned and 
would, therefore, be without means of earning a livelihood, and 
because pardon was urged hy many physicians and hy Hon. A. C. 
CJmbreit as counsel for the State Medical Society. 

William Cannon Kassner — Convicted before the district court 
for Milwaukee County, on the 20th day of May, 1912, of the 
crime of demanding usury and sentenced to the Milwaukee County 
House of Correction for a term of thirty days, and in addition 
thereto to pay a fine of fifty dollars and the costs of prosecution. 
On September 3, 1913, he was granted an absolute pardon on show- 
ing that he had served eight days of the imprisonment sentence 
and had paid the fine and costs imposed by the court, and in view 
of the decision of the Supreme Court of Wisconsin that the 
prisoner's right of appeal to the Circuit Court had been erroneously 
denied. 

M. M. Riley — Convicted before the district court for Milwaukee 
County on the 23rd day of July, 1913, of the crime of being a 
common drunkard and sentenced to the Milwaukee County House 
of Correction for the term of sixty days. On August 21, 1913, 
he was granted an absolute pardon on the recommendation of the 
district attorney, the judge who sentenced him and to enable 
him to return to his wife and to contribute to her support. 

Cora Goodall— Convicted before the district court for Milwau- 
kee County, on the 20th day of April, 1914, of the crime of 
vagrancy and sentenced to the Milwaukee County House of Cor- 
rection for the term of ninety days. On June 30, 1914, she was 
granted an absolute pardon on showing that such action was for 
the best interest of all concerned, on recommendation of the judge 
and district attorney and because more than two-thirds of the 
sentence imposed had been actually served. 

Absolute Pardons from the Industrial School for Girls 

Ruth Nimocks Barnes — Convicted before the county court for 
La Crosse County, on the 20th day of March, 1909, of the crime 
of lewd and lacivious conduct and sentenced to the Wisconsin In-, 
dustrial School for Girls for the term of her minority. On Octo- 
ber 7, 1911, she was granted a conditional pardon, the conditions 
being that she return to her mother, conduct herself becomingly 



Session of 1915 43 

and report monthly to the Governor's office. On July 23, 1913. 
upon showing that all conditions of the conditional pardon had 
been faithfully kept, and in order to permit her to go to another 
state with her mother, the conditional pardon heretofore granted 
was made absolute. 

Absolute Pardons from the Industrial School for Boys 

Morris Gullikson — Convicted before the circuit court for Portage 
County, on the 29th day of November, 1912, of the crime of burg- 
lary, and sentenced to the Industrial School for Boys for the term 
of his minority. On September 29, 1913, on the recommendation 
of the judge, the district attorney and all county officers, and in 
order to permit him to secure a high school education, he was 
granted a conditional pardon, the conditions being that he report 
immediately to Hon. George B. Nelson of Stevens Point, who was 
the district attorney who prosecuted him, and abide by such rules 
and regulations as Mr. Nelson might prescribe. On December 23, 
1914, upon showing that he had abided by all conditions imposed, 
and upon recommendation of the said George B. Nelson, Gullikson 
was granted an absolute pardon. 

Absolute Pardons from County Jail 

Adolph Bevhen — Convicted before the circuit court for Eacine 
County, on the 23rd day of November, 1912, of the crime of know- 
ingly receiving stolen goods and sentenced to the Eacine County 
Jail for the term of six months. On March 21, 1913, he was 
granted an absolute pardon on showing that the punishment had 
been sufficient to meet the ends of justice, in recognition of Bev- 
ken's previous good character, and on showing that the judge who 
imposed sentence had stated that imprisonment of from thirty 
to ninety days would be sufficient punishment for the offense 
committed-, and that the said judge would have imposed such 
sentence had the law permitted him to do so. Bevken had served 
a sixty-day sentence at the time the pardon was granted. 

James Malouf — Convicted before the circuit court for Outagamie 
County, on the 25th day of April, 1913, of the crime of fornica- 
tion, and sentenced to the Outagamie County Jail for the term of 
six months. On June 19, 1913, the prisoner having served ap- 



44 Messages to the Legislature 

proximately pixty (lays, he was granted an absolute pardon, be- 
cause in the opinion of the judge who imposed sentence, and in 
the opinion of all directly concerned, the sentence actually imposed 
was too severe, a sentence of from thirty to sixty days being the 
maximum that should have been imposed. 

Absolute Pardons Miscellaneous 

Herman Spredeman — Convicted before the municipal court for 
Milwaukee County, on the 22nd day of April, 1912, of the crime 
of perjury and sentenced to be placed upon probation in charge 
of Theodore Puis for the term of one year. On April 21, 1913, the 
prisoner having served all but about one week of the probationary 
sentence, he was granted an absolute pardon on recommendation 
of the judge, the district attorney and probationer officer Puis. 
The effect of this pardon was merely to release the prisoner from 
further custody and to restore rights of citizenship. 

Miscellaneous Conditional Pardons 

Emily StocTcer — Convicted before the municipal court for Keno- 
sha County, on the 15th day of June, 1912, of the crime of fornica- 
tion and delinquency and sentenced to the House of the Good 
Shepherd in Milwaukee for the term of her minority. On March 
22, 1913, she was granted a conditional pardon, on the recom- 
mendation of the judge who imposed sentence, on showing that 
she had made progress in her studies and deportment since her 
incarceration, because her mother needed her at home, and because 
it was believed that a conditional pardon would work toward her 
complete reformation. The conditions of the pardon were that 
she return to her mother, that she lead a virtuous life and that 
she report in writing to the Governor on the first of each month. 

Conditional Pardons from Jails 

Frank Harris — Convicted before the municipal court for Mil- 
waukee County, on the 6th day of February, 1913, of the crime 
of assault with intent to do great bodily harm, and sentenced to 
the Milwaukee County Jail for the term of one year. On Septem- 
ber 26, 1913, he was granted a conditional pardon on recommen- 



Session of 1915 45 

elation of the judge and sheriff and on showing that one-half of 
the sentence had been served. The conditions of the pardon were 
that he keep the peace, refrain from the use of intoxicants, and 
abide by such rules as Probation Officer Theodore Puis might im- 
pose for his guidance. 

Albert Storandt — Convicted before the county court for La 
Crosse County, on the 26th day of November, 1912, of the crime 
of assault with intent to do great bodily harm and sentenced to 
the La Crosse County Jail for the term of six months. On April 
15, 1913, he was granted a conditional pardon on showing that he 
had been sufficiently punished, because the testimony showed that 
his wife was attacking him with a butcher knife when he com- 
mitted the alleged assault and because a conditional pardon was 
believed to be for the best interest of the defendant and all con- 
cerned. The conditions of the pardon were that he refrain from 
violence, conduct himself as a peaceable and law-abiding citizen 
and report bi-weekly to Hon. W. F. Wolfe of La Crosse. 

Conditional Pardons from the Industrial School for Boys 

Morris Gullikson— Convicted before the circuit court for Portage 
County, on the 29th day of November, 1912, of the crime of burg- 
lary and sentenced to the Wisconsin Industrial School for Boys 
for the term of his minority. The report on this case is found 
under the heading "Absolute Pardons From The Industrial School 
For Boys/' 

Conditional Pardons from the Industrial School for Girls 

Laura Shane — Convicted before the juvenile court for Milwau- 
kee County, on the 25th day of July, 1911, of the crime of being 
without visible means of maintaining herself, and sentenced to 
the Wisconsin Industrial School for Girls for the term of her 
minority. On March 21, 1913, she was granted a conditional par- 
don, on recommendation of the district attorney, on showing that 
home conditions had changed for the better, on endorsement of 
Rev. Louis R. Giroulx and others, and on the guarantee that the 
girl would be given a business education that would fit her to 
support herself. The conditions of the pardon were that she re- 



46 Messages to the Legislature 

turn to her home, that she lead a virtuous life, and that she report 
monthly to Rev. Louis R. Giroulx. 

Edna Taube — Convicted before the juvenile court for Milwau- 
kee County, on the 17th day of January, 1911, of the crime of 
delinquency and sentenced to the Industrial School for Girls for 
the term of her minority. On March 21, 1913, she was granted 
a conditional pardon on shoAving that home conditions had changed 
for the better, that her conduct on parole merited further clemency 
and that she was needed by her mother at home, and on recommen- 
dation of the district attorney. The conditions of the pardon were 
that she return to her home, that she lead a virtuous life, that she 
abide by such regulations as might be prescribed by Probation 
Officer Theodore Puis, that she contribute to the support of her 
mother, and that these conditions were to be in no wise modified 
in the event of the girl's marriage. 

Lorraine Bade — Convicted before the juvenile court for Milwau- 
kee County, on the 14th day of November, 1911, of the crime of 
incorrigibility and sentenced to the Wisconsin Industrial School 
for Girls for the term of her minority. On June 25, 1914, she 
was granted a conditional pardon on recommendation of Miss 
Katherine Williams of the state board of control, and in order that 
proper arrangements might be made for an operation, that the 
physical condition of the applicant for pardon demanded it. The 
conditional pardon was in effect a parole of the girl to Mrs. M. H. 
Arndt, 465 Lake Drive, Milwaukee. 

Conditional Pardons from Milwaukee County House of 

Correction 

Max Bentkowski — Convicted before the municipal court for Mil- 
waukee County, on the 4th day of October, 1911, of the crime of 
assault with intent to do great bodily harm, and sentenced to Mil- 
waukee County House of Correction for the term of three years. 
On March 22, 1913, he was granted a conditional pardon on recom- 
mendation of the district attorney, on showing that his wife was 
in debt and needed his support, on proof that a reconciliation had 
been effected and the cause of the trouble removed, and to make 
it possible for the husband to earn enough to lift the mortgage 
from his bakery. The conditions of the pardon were that he ab- 
stain from the use of intoxicants and abide by such further rules 



Session of 1915 4? 

and regulations as probation officer Theodore Puis might pre- 
scribe for his guidance. 

William A. Pliillips — Convicted before the municipal court for 
Milwaukee County, on the 25th day of October, 1912, of the crime 
of adultery, and sentenced to the Milwaukee County House of 
Correction for the term of one year. On March 14, 1913, he was 
granted a conditional pardon, on recommendation of the judge and 
the district attorney, on showing that his wife was in need of his 
support, and in recognition of his previous good character. The 
conditions of the pardon were that he report immediately to pro- 
bation officer Theodore Puis and abide by such rules and regula- 
tions as the said Theodore Puis might prescribe for his guidance. 

Lawrence Hollis — Convicted before the district court for Mil- 
waukee County, on the 31st day of January, 1914, of the crime 
of vagrancy, and sentenced to the Milwaukee County House of 
Correction for the term of ninety days. On March 10, 1914, he 
was granted a conditional pardon, on recommendation of the judge 
and district attorney, and to enable him to support his mother who 
was in need. The conditions of the pardon were that he support 
his mother, and abide by such further rules and regulations as pro- 
bation officer Theodore Puis might prescribe for his guidance. 

Conditional Pardons prom Wisconsin State Prison 

William M. Fuller — This case is reported on under the heading 
"Absolute Pardons from the State Prison/' 

Joseph Davis — Convicted before the municipal court for Mil- 
waukee County, on the 27th day of January, 1912, of the crime of 
adulter}-, and sentenced to the state prison for the term of three 
years. On June 20, 1913, he was granted a conditional pardon on 
the ground that the sentence in view of all the facts in the ease, was 
excessive, that the family of the prisoner was in destitute circum- 
stances and that a conditional pardon was for the best interests 
of all concerned. The conditions of the pardon were that he sup- 
port his family, that he conduct and demean himself as a peaceable 
and law-abiding citizen, and that he abide by such further rules 
and regulations as probation officer Theodore Puis might prescribe 
for his guidance. 

Henry Dunn alias Harry Dunn — Convicted before the municipal 
court for Milwaukee county, on the 13th day of January. 1900, of 



48 Messages to the Legislature 

the crime of murder in the first degree, and sentenced to state 
prison for the term of his natural life. On January 9, 1914, he 
was granted a conditional pardon on showing that further confine- 
ment would mean his death within three years from tuberculosis 
with a change for the worse likely to come at any time, while his 
release would give him an opportunity to fight off the disease and 
prolong his life. The conditions of the pardon were that he refrain 
from all violence and threats of violence and that he report quar- 
terly to the secretary of the state board of control. 

Timothy Norton — Convicted before the circuit court for Fond 
du Lac County, on the 7th day of December, 1912, of the crime 
of man-shmghter in the third degree and sentenced to state prison 
at Waupun for the term of four years. On June 4, 1914, he was 
granted a conditional pardon on the recommendation of all parties 
concerned, including the court officers. The conditions of the 
pardon were that he report immediately to Hon. E. H. Lyons of 
Fond du Lac and abide by such rules and regulations as the said 
E. H. Lyons might prescribe for his guidance. 

Floyd E. Cook — Convicted before the municipal court for Dane 
County, on the 13th day of July, 1914, of the crime of adultery, 
and sentenced to state prison at Waupun for the term of two years. 
On December 15, 1914, he was granted a conditional pardon for the 
reason that it was shown he was needed at home to prevent the loss 
of his property, and to contribute to the support of his family. 
The conditions of the pardon were that he return immediately to 
and support his family, that he refrain absolutely from the use of 
intoxicating liquors, that he keep the peace and obey the law, that 
he report on the first of each month to James Stebbins, R.R.I, 
Edgerton, Wisconsin, and abide by such rules of conduct as the said 
James Stebbins might impose for his guidance. 

Henry Foss — Convicted before the circuit court for Eau Claire 
County, on the 6th day of July, 1909, of the crime of murder in the 
first degree, and sentenced to state prison at Waupun for the term 
of his natural life. On December 18, 1914, he was granted a -con- 
ditional pardon for the reason that the evidence raised a doubt as 
to whether the offense committed was first degree murder; as to 
whether the prisoner fully understood the nature of the offense to 
which he was pleading guilty, and because it was believed that a 
conditional pardon would be to the best interests of all concerned. 
The conditions of the pardon were that he report immediately to 
Hon. George L. Blum of Eau Claire and abide by such rules and 



Session of 1915 49 

regulations as the said George Blum might impose for his guidance ; 
that he report on the first of each and every month to the said 
George L. Blum as to what had been his conduct and where he had 
been employed ; that he refrain absolutely from the use of intoxicat- 
ing liquors and that he keep the peace and obey the law. 

Frederick C. Schwaders — Convicted before the municipal court 
for Milwaukee County, on the 22nd day of March, 1912, of the 
crime of sodomy, and sentenced to state prison at Waupun for the 
term of five years. On December 24, 1914, he was granted a con- 
ditional pardon on showing that he had always been a sober and 
industrious workman and a law-abiding citizen up to the time of the 
alleged offense for which he was convicted; on showing that an 
injury to head had perhaps weakened his responsibility for his acts 
though he had now apparently recovered from the effects of the 
injury ; on testimonials and petitions submitted by former employers 
and representative business men who knew him and on the recom- 
mendation of the President of the State Board of Control. The 
conditions of the pardon were that he report immediately to Pro- 
bation Officer Theodore Puis and abide by such rules and regula- 
tions as the said Theodore Puis might prescribe for his guidance. 

Commutations of Sentences to County Jails 

Gustave Ducks — Convicted before the municipal court for Kacine 
County, on the 19th day of December, 1913, of the crime of selling 
intoxicating liquors without a license, and sentenced to pay a fine 
of $100.00 and costs and in default thereof to be imprisoned in the 
county jail for a period not to exceed three months and on the same 
day in the same court on a second charge of a similar off ense sen- 
tenced to pay a similar fine and be imprisoned in the county jail 
for three months*. On March 30, 1914, the sentence imposed upon 
his conviction for the second offense was commuted to ten days for 
the reason that he had served the full three months on the first 
sentence; that he was suffering from paralysis caused by cerebral 
hemmorhage; that he was penniless and if clemency was not ex- 
tended he would be compelled to serve an additional six months. 
The commutation of sentence was also recommended by the district 
attorney. 



50 Messages to the Legislature 

Commutations of Sentences to the House of Correction 

Hugo Kelling — Convicted before the municipal court of Milwau- 
kee County, on the 16th day of December, 1913, of the crime of 
assault with intent to rob being armed with a dangerous weapon, 
and sentenced to the Milwaukee County House of Correction for 
the term of three years. On December 18, 1914, his sentence was 
commuted to two years and six months in order to permit his parol. 
This action was taken on sufficient showing that the crime com- 
mitted was the only blot on the record of the prisoner and that it 
was committed when he was laboring under great mental stress 
and was probably temporarily not responsible for his acts. The 
man whom he attempted to rob joined in petitioning for either a 
commutation or an absolute pardon. It was further shown that 
Rolling's family was in need of his support. 

Commutations of Sentences to State Prison at Waupun 

George Robinson — Convicted before the municipal court for 
Dane County, on the 20th day of August, 1909, of the crime of rape 
and sentenced to state prison at Waupun for the term of eight years. 
On March 15, 1913, his sentence was commuted to six years because 
a study of the evidence raised a question as to the guilt of the de- 
fendant; because of his advanced age; on recommendation of the 
district attorney on showing that his children would provide a< home 
for him after he was released and because he had been sufficiently 
punished. 

Roy McLaughlin — Convicted before the circuit court for Grant 
County, on the 3rd day of April, 1911, of the crime of burning a 
barn in the nighttime and sentenced to state prison at Waupun 
for the term of five years. On March 14, 1913,. his sentence was 
commuted to two and one-half years because it was believed that the 
sentence originally imposed was excessive when considered in its 
relation to the building burned ; on recommendation of the district 
attorney and to permit parol. 

Louis Anhlan — Convicted before the circuit court for Winnebago 
County, on the 11th day of January, 1911, of the crime of assault 
with intent to murder and sentenced to state prison at Waupun 
for the term of ten years. On March 14, 1913, his sentence was 
commuted to eight years on recommendation of the district at- 
torney; on petition of citizens who had known the defendant; in 



Session of 1915 51 

recognition of his good character prior to the time of the convic- 
tion and in order to permit his parol when he had actually served 
four years. 

Jacob Zajaczkowski — Convicted before the municipal court for 
Milwaukee County, on the 29th day of May, 1908, of the crime of 
murder in the third degree and sentenced to State Prison at 
Waupun for the term of fourteen years. On March 21, 1913, his 
sentence was commuted to nine years and ten months to permit of 
his parol, on ample showing that the complete reformation of the 
prisoner had been accomplished and on agreement of all pa.rties 
concerned that he was now worthy of immediate release on parol. 

Viola Varano — Convicted before the county court for Bayfield 
County, on the 14th day of February, 1913, of the crime of adultery 
and sentenced to State Prison at Waupun for the term of two 
years. On June 24, 1913, her sentence was commuted to ten 
months on recommendation of the warden of the prison, the prison 
physician, and members of the State Board of Control who sub- 
mitted certificates that the prisoner was about to become a mother 
and that a commutation to permit parole was desirable in order 
that an innccent child might not be stigmatized by being born in 
prison. On June 25, 1913. the pardon commuting sentence was re- 
voked on showing that before the pardon commuting sentence had 
been delivered to the warden the child had been prematurely born 
and no reason existed therefore for extending executive clemency. 

Joseph Byrnes — Convicted before the circuit court for Manitowoc 
County, on the 23rd day of January, 1890, of the crime of bigamy, 
and sentenced to State Prison at Waupun for the term of from 
one to five years. On July 23, 1913, the sentence of Byrnes was 
commuted to one year and nine months in order to effect his im- 
mediate release. After having served a little more than the mini- 
mum sentence of one year Byrnes escaped from prison and was not 
recaptured. After a lapse of twenty-three years Byrnes telephoned 
the warden of the prison from Columbus, Ohio, stating that he was 
an escaped convict and that he wished to return to the prison and 
complete his sentence despite the fact that because of his escape he 
would receive no deduction for good behavior because he wished his 
record absolutely clear. At the time Byrnes telephoned the warden 
there was no official connected with the prison who could identify 
him, nor convicts serving life sentences who remembered him. On 
the opinion of the Attorney General that Byrnes' admission of his 
identitv was sufficient he was re-incarcerated and shortlv thereafter 



52 Messages to the Legislature 

his sentence was commuted as stated for the reason that the volun- 
tary surrender of Byrnes was ample proof that his complete refor- 
mation had been effected. 

Mary Grohorsky — Convicted before the county court for La 
Crosse County, on the 14th day of May, 1913, of the crime of 
adultery, and sentenced to State Prison at Waupun for the term of 
one year. On September 15, 1913, her sentence was commuted to 
six months in order to permit of her immediate parol. This action 
was taken on recommendation of the prison physician and the State 
Board of Control, on submission of certificate that the woman 
would become a mother in October and in order that an innocent 
child might not be stigmatized by being born in prison. . 

Lincoln Price — Convicted before the circuit court for Vernon 
County, on the 20th day of March, 1909, of the crime of incest and 
sentenced to State Prison at Waupun for the term of nine years. 
On October 6, 1913, his sentence was commuted to eight years to 
permit his immediate parole. This action was taken because of the 
rapidly failing health of the prisoner as shown by the certificate 
of the prison physician and on recommendation of the district 
attorney and of the president of the State Board of Control. 

Ferdinand S'chultz — Convicted before the circuit court for Wood 
County, on the 11th day of June, 1909, of the crime of rape and 
sentenced to State Prison for the term of twenty years. On Decem- 
ber 24, 1913, his sentence was commuted to nine years to permit 
parole because there was doubt as to the guilt of the prisoner, the 
evidence not being conclusive, and because it was felt that clemency 
had been merited by his good record in prison and by his previous 
good character. 

Arthur A. Fischer — Convicted before the municipal court for 
Milwaukee County, on the 1st clay of February, 1913, of the crime 
of assault with intent to commit rape and sentenced to State Prison 
at Waupun for the term of ten years. On December 24, 1913, his 
sentence was commuted to four years on showing that no injury 
had been done the prosecutrix and because the evidence showed 
that the greatest offense of which the prisoner was guilty was that of. 
taking indecent liberties with a minor child. The commutation 
was granted in order to permit parole, that the prisoner who gave 
indications of unsound mentality might be under supervision for a 
period, after his release. His mental condition changed for the 
worse and before he was released on parole he was adjudged insane 
and transferred to a hospital for the insane for treatment. At 



Session of 1915 53 

the time this report was prepared Fischer was still in the custody 
of the State. 

Tom Hoy — Convicted before the municipal court for Milwaukee 
County on the 10th day of May, 1912, of the crime of sodomy and 
sentenced to State Prison at Waupun for the term of five years. 
On December 24, 1913, his sentence was commuted to three years 
and six months because the doubt raised as to the real nature of the 
crime committed made the sentence excessive. 

Albert Sobczak — Convicted before the municipal court for Mil- 
waukee County, on the 8th day of January, 1910, of the crime of 
murder in the third degree, and sentenced to State Prison at 
Waupun for the term of ten years. On December 24, 1913, his 
sentence was commuted to eight years. A study of the evidence 
failed to reveal any proof of malice and no motive whatever was 
shown. It was clearly evident that there was no actual intent to 
kill but that the deceased came to his death from injuries received 
in a drunken brawl. In view of all the facts a ten-year sentence 
seemed to be excessive. 

George Kolitz — Convicted before the circuit court for Green 
Lake County, on the 21st day. of June, 1907, of the crime of rape 
and sentenced to State Prison at Waupun for the term of thirty 
years. On March 30, 1913, an application for clemency was denied. 
On December 24, 1913, the case was reopened and on recommenda- 
tion of the judge and the district attorney his sentence was com- 
muted to twenty-two years. 

James Aloysius McAlees — Convicted before the municipal court 
for Milwaukee County, on the 25th day of March, 1909, of the crime 
of murder in the third degree, and sentenced to State Prison at 
Waupun for the term of twelve years. On December 24, 1913, 
his sentence was commuted to ten years on recommendation of the 
judge and the district attorney. 

Harold Seizel — Convicted before the municipal court for Mil- 
waukee County, on the 4th day of May, 1912, of the crime of 
burglary and possessing burglarious tools and sentenced to State 
Prison at Waupun for the term of five years. On December 24, 
1914, his sentence was commuted to three years and four months 
to permit his immediate parole. This action was taken in recog- 
nition of his previous good character and reputation ; because it was 
clearly manifest that he had been led to commit the crime because 
of an unusual combination of circumstances; on recommendation 
of the judge, the assistant district attorney who prosecuted and the 



54 Messages to the Legislature 

warden of the prison and to permit him to support his wife and 
invalid child. 

William Hughes — Convicted before the circuit court for Douglas 
County, on the 5th day of December, 1899, of the crime of murder 
in the first degree, and sentenced to State Prison at Waupun for 
tin* term of his natural life. On March 20, 1914, an application for 
clemency was denied without prejudice against parole when the 
prisoner became eligible thereto. On December 23, 1913, the ap- 
plication was reopened and on recommendation of the district at- 
torney, the warden of the prison, the judge, the president of the 
board of control and others, the sentence was commuted to twenty- 
eight years, to permit the immediate parole of the prisoner in order 
that he might visit his mother who was dying in Superior. The 
parole was granted and the prisoner reached his mother's bedside 
a few hours before her death and while she was still conscious and 
able to recognize him. 

Albert Funk — Convicted before the municipal court for Mil- 
waukee County, on the 1st day of Ma. y, 1899, of the crime of mur- 
der in the first degree and sentenced to State Prison at Waupun for 
the term of his natural life. On December 24, 1913, his sentence 
was commuted to thirty years on showing that his reformation had 
been effected and that at the time the crime was committed Funk 
was under the influence of his wife who was considerably older than 
he was. The sentence of Mrs. Funk, who was convicted with her 
husband, had been previously commuted. The petition for clem- 
ency in Funk's case was signed by eight of the twelve jurors who 
convicted him. 

Peter Cakierello — Convicted before the municipal court for Mil- 
waukee County, on the 29th day of May, 1908, of the crime of mur- 
der in the third degree, and sentenced to State Prison at Waupun 
for the term of twenty years. On January 5, 1914, his sentence 
was commuted to twelve years because a study of the evidence raised 
a doubt as to whether he was guilty of any offense higher than 
manslaughter; because he had been sufficiently punished for any 
offense committed and to permit his parole in order that the board 
of control might supervise his conduct for a period following his 
release. 

Louis M. Cleary — Convicted before the circuit court for Jackson 
County, the same being a special term for Juneau County, on the 
16th day of October, 1913, of the crime of non-support and sen- 
tenced to State Prison for the term of one year. On January 5, 



Session of 1915 . 55 

1914, his sentence was commuted to six months on recommendation 
of the judge and district attorney and in order to permit his parole 
that the board of control might have supervision over his conduct 
for a time following his release. 

John Mdhoney — Convicted before the municipal court for Dane 
County, on the 12th day of May, 1913, of the crime of abandon- 
ment, and sentenced to State Prison at Waupun for the term of 
two years. On January 5, 1914, his sentence was commuted to 
fifteen months in order to permit his parole. This action was taken 
because it was shown that his wife was ill and bedridden and 
Deeded his support. 

A. E. Law — Convicted before the circuit court for Dane County, 
on the 25th day of September, 1912, of the crime of manslaughter 
in the second degree, and sentenced to State Prison at Waupun 
for the term of six years. On March 4, 1914, his sentence was 
commuted to three years to permit of his parole. This action was 
taken because in view of the advanced age of the prisoner the 
sentence imposed was excessive, and in recognition of the fact that 
the prisoner had filed a sworn statement that he would never apply 
for a restoration of his medical license. 

John Tarasinshi — Convicted before the municipal court for Mil- 
waukee County, on the 28th day of May, 1908, of the crime of 
murder in the second degree and sentenced to State Prison at Wau- 
pun for the term of twenty-five years. On June 4, 1914, his sen- 
tence was commuted to twelve years in recognition of the fact that 
his reformation had been effected and to permit his parole. 

George K. Farr — Convicted before the circuit court for Eau 
Claire County, the same being a special term for Husk County, on 
the 17th day of January, 1914, of the crime of embezzlement, and 
sentenced to State Prison at Waupun for the term of two years. 
On June 29, 1914, his sentence was commuted to one year in 
recognition of the extenuating circumstances surrounding the 
crime, and in order to permit his parole. 

George Messmann — Convicted before the municipal court for 
Manitowoc County, on the 28th day of October, 1913, of the crime 
of embezzlement, and sentenced to State Prison at Waupun for 
the term of two years. On June 29, 1914, his sentence was com- 
muted to one year and six months to permit his parole, in recog- 
nition of the fact that prior to his conviction he had made restitu- 
tion of the moneys embezzled. 

Orrie Lang don^C omic\e4 before the circuit court for Clark 



5G Messages to the Legislature 

County, the same being a special term for Juneau County, on the 
9th day of September, 1912, of the crime of abortion, and sentenced 
to State Prison at Waupun for the term of four years. On June 
29, 1914, her sentence was commuted to three years and six months 
in order to permit parole, it being shown that the punishment en- 
dured had been sufficient. 

Rudolph Schroeder — Convicted before the municipal court for 
Milwaukee County, on the 27th day of August, 1913, of the crime 
of larceny, and sentenced to State Prison at Waupun for the term 
of five years. On August 18, 1914, his sentence was commuted 
to one year and six months for the reason that under all the cir- 
cumstances the original sentence seemed excessive and because the 
reformation of the prisoner had been effected. 

John F. Pooley — Convicted before the municipal court for Outa- 
gamie County, on the 25th day of October, 1912, of the crime of 
embezzlement, and sentenced to State Prison at Waupun for the 
term of four years. On August 8, 1914, his sentence was commuted 
tc three and one-half years in order to permit his immediate parole 
that he might return to and support his wife and infant children. 
Clemency in this case was recommended by the officials most in- 
timately concerned. 

Max Winhel — Convicted before the circuit court for Trempealeau 
County, on the 31st day of October, 1903, of the crime of murder 
in the first degree, and sentenced to State Prison at Waupun for 
the term of his natural life. On the 18th day of December, 1914, 
his sentence was commuted to twenty-five years. This action was 
taken because a careful study of the evidence raised some doubt 
as to the degree of murder, if any, of which Winkel was guilty; 
on showing that he was now an "honor prisoner" and had proven 
himself entirely trustworthy, and on the recommendation of the 
president of the state board of control. 

Joseph Meyers — Convicted before the circuit court for Walworth 
County, on the 17th day of October, 1906, of the crime of rape 
and sentenced to State Prison at Waupun for the term of thirty-five 
years. On the 18th day of December, 1914, his sentence was com- 
muted to twenty years on recommendation of the judge, the district 
attorney who prosecuted and to permit his parole in order that he 
might return to and support his invalid wife and minor child. 

George Eckerle — Convicted before the municipal court for Mara- 
thon County, on the 9th day of October, 1913, of the crime of arson 
and sentenced to State Prison at Waupun for the term of four years, 



Session of 1915 57 

On the 18th day of December, 1914, his sentence was commuted 
to two years because a study of the evidence raised a doubt as to 
whether or not he was really guilty of arson; because of the fact 
that at the time the alleged crime was committed the prisoner was 
laboring under great mental stress and might not have been wholly 
responsible for his acts, and in order to permit his parole. 

August Krueger — Convicted before the circuit court, for Portage 
County, on the 17th day of October, 1912, of the crime of murder 
in the first degree, and sentenced to State Prison at Waupun for 
the term of his natural life. On December 18, 1914, his sentence 
was commuted to seven years on showing that in view of all the cir- 
cumstances surrounding the crime the greatest offense of which the 
prisoner was guilty was probably manslaughter. Clemency was 
favored by practically everyone who had known Krueger prior to the 
homicide and showing was made that the judge before whom the 
case was tried was not opposed to a commutation of sentence. 

Harry Smith — Convicted before the circuit court for St. Croix 
County, on the 4th day of April, 1911, of the crime of having 
burglar tools in his possession and sentenced to State Prison at 
Waupun for the term of ten years. Smith was convicted with six 
others and the same sentence was imposed on all despite the fact 
that some of Smith's codefendants had criminal records; on the 
ground that justice would be done through commutation of 
sentence the original sentence imposed by the court was commuted 
on the 18th day of December, 1914, to a term of eight years and 
six months. 

Frank Mulvaney — Convicted before the circuit court for St. Croix 
County, on the 4th day of April, 1911, of the crime of having 
burglar tools in his possession and sentenced to State Prison at 
Waupun for the term of ten years. Mulvaney w<as convicted with 
six others and the same sentence was imposed on all despite the fact 
that some of Mulvaney's codefendants had criminal records. On 
the ground that justice would be done through commutation of 
sentence the original sentence imposed by the court was commuted 
on December 18, 1914, to a term of eight years. 

John Howe— Convicted before the circuit court for St. Croix 
County, on the 4th day of April, 1911, of the crime of having 
burglar tools in his possession, and sentenced to State Prison at 
Waupun for the term of ten years. Howe was convicted with six 
others and the same sentence was imposed on all despite the fact 
that some of Howe's codefendants had criminal records. On the 



58 Messages to the Legislature 

mound that justice would be done through commutation of sentence 
the original sentence imposed by the court was commuted on De- 
cember 18, 1914, to a term of nine years. 

George Hardy — Convicted before the municipal court for Mil- 
waukee County, on the 27th day of November, 1909, of the crime 
of rape, and sentenced to State Prison at Waupun for the term of 
twenty-five years. On the 18th day of December, 1914, his sentence 
\\as commuted to ten years. The study of the evidence showed that 
the condition of Hardy hinged on his identification, not only by 
the prosecutrix, but by two twin boys between five and six years of 
age. The previous record of Hardy had been good and the defense 
of alibi set up by the defendant raised doubt as to his actual guilt. 
It was also shown that & prominent business man of Milwaukee 
who in the past has done much to effect the reclamation and re- 
formation of first offenders was willing to become parole guardian 
for Hardy if he could be paroled. Commutation was therefore 
granted to permit parole. 

Dell Ooom — Convicted before the circuit court for Winnebago 
County, on a change of venue from Marinette County on the 15th 
day of December, 1908, of the crime of murder in the second degree, 
and sentenced to State Prison at Waupun for the term of twenty- 
one years. On December 30, 1914, his sentence was commuted to 
fourteen years to permit parole. This action was taken on recom- 
mendation of well-known residents of Wood County, including 
business men who agreed to look after Oborn and provide him with 
employment in the event he was paroled or pardoned; because it 
was shown that there was great provocation for the homicide ; 
because it was believed thait the reformation of Oborn had been 
effected; and in order to permit his parole. It was also proven 
on the hearing of the application for pardon that Oborn became 
excited easily when provoked due in part to an inherited tendency 
to epilepsy. It was proven further that immediately after the 
shooting Oborn suffered great remorse and asked permission to go 
to the assistance of the man he had wounded. It should be noted 
in this case that the deceased was shot through the arm and death 
resulted from bleeding due to the fact that the shot severed an 
artery. 

John F. Dietz — Convicted before the circuit court for Sawyer 
County, on the 13th day of May, 1911, of the crime of murder in 
the first degree, and sentenced to State Prison at Waupun for the 
term of his natural life. On December 30, 1914, his sentence wa,s 



Session or 1915 59 

commuted to twenty years. This is a unique and perplexing ease. 
I am satisfied that the offense for which John Dietz is being pun- 
ished is not lower than murder in the second degree. If this grade 
of homicide had been submitted to the jury that tried the case, the 
present application for pardon could be dealt with more easily ; but 
it was not. Another inducement to clemency is found in the 
fact that during the half dozen years before Dietz killed Harp, he 
was encouraged and incited to acts of outlawry .and violence and he 
was applauded and lionized in proportion to his audacity in defying 
constituted authority. This encouragement and applause came 
alike from a considerable part of the public press and in letters 
and telegrams from large numbers of people who not infrequently 
backed their opinions with their money. Under these circum- 
stances, it seemed not entirely fair to hold Dietz solely responsible 
for the tragedy in which this propaganda of lawlessness finally 
culminated. 

Respectfully submitted, 

FRAXCIS E. McGOVERX, 
December 31, 1911:. Governor. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the Senate, appoint: 

Walter Alexander of Milwaukee, Wisconsin, to be a, member of 
the Railroad Commission of Wisconsin for the term ending on the 
first Monday in February, 1921. 

Respectfully submitted, 

" EMANUEL L. PHILIPP, 
Dated, January 27, 1915. Governor. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by and 
with the advice and consent of the senate, appoint : 

Hon. James 0. Davidson, of Madison, Wisconsin, to be a member 
of the State Board of Control of Wisconsin for the term ending 
April 1st, 1919; and I do hereby designate the said James 0. 
Davidson as President of the said Board. 

Respectfully submitted, 

" EMANUEL L. PHILIPP, 

Governor. 
Dated, January 28, 1915. 



(iU Messages to the Legislature 

To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint : 

George J. AVeigle of Milwaukee, Wisconsin, to be Dairy and 
Food Commissioner, for the term ending on the first Monday of 
February, 1917. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
January 29, 1915. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the consent and advice of the senate, appoint : 

John S. Owen of Eau Claire, Wisconsin, to be a member of the 
State Highway Commission, for the term ending on the first 
Monday in February, 1921. 

Eespectfully submitted, 

* EMANUEL L. PHILIPP, 

Governor. 
Dated, February 3, 1915. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby appoint Senator 
Henry Eollmann of Chilton as a member of the Visiting Committee 
in place of Senator Piatt Whitman, resigned. 
Eespectfully submitted, 

E. L. PHILIPP, 

Governor. 
Dated, February 4, 1915. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by and 
with the advice and consent of the senate appoint : 

Dr. J. M. Furstman of La Crosse, Wisconsin, to be a member of 
the State Board of Health and Vital Statistics for the term ending 
on the first Monday in February, 1922. 

Eespectfully submitted, 

" EMANUEL L. PHILIPP, 

Governor. 
Dated February 17, 1915. 



Session of 1915 61 

To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by and 
with the advice and consent of the senate, appoint : 

Doctor Charles Sutherland of Janesville, Wisconsin, a member 
of the State Board of Health and Vital Statistics, for the term 
ending on the first Monday in February, 1921. 
Eespect fully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, March 1, 1915. 



To the Honorable, the Legislature : 

I have the honor to transmit herewith the biennial report of the 
Wisconsin Commissioners on Uniform State Laws and respectfully 
ask that your Honorable Body give consideration to the recom- 
mendations therein contained. 

Kespectfullv submitted, 

* EMAXUEL L. PHILIPP, 

Governor. 
Dated, March 5, 1915. 



To the Honorable, the Senate : 

I return herewith without my approval Bill No. 188, S., entitled 
"An Act to create section 45751 of the statutes, relating to the re- 
ceiving and giving of tips or gratuities and providing a penalty." 

The bill is broad in application. It apparently prohibits a 
gratuity or tip to any employee of a, hotel, restaurant, boarding or 
lodging house, barber shop, railroad, hack or bus line, theater, 
billiard hall, bath house, shoe shining shop, news stand, and indeed 
to any employee whose employer is engaged in a business, of what- 
soever kind, that may be open to public patronage. 

It makes the receiving of any gratuity or tip by any such em- 
ployee, or the offering of the same by any person, a misdemeanor 
punishable by a fine of from $5 to $25 or by imprisonment in the 
county jail not to exceed thirty days. 

If the words "gratuity or tip" as used in the bill be taken to 
mean a mere gift, without any consideration to rest upon, the bill 
would, in my judgment, be practically ineffective and would serve 
only to incumber the statutes. Under such a reading of the bill, 
the tip would quickly take on the form of compensation for extra 



62 Messages to the Legislature 

service and thus cease to be a mere gratuity, and no substantial 
change in the custom would be effected. 

If on the other hand the bill be taken to prohibit compensation 
to the employee for extra service which the employer is not required 
to furnish, the result is to deprive the public of the opportunity 
to receive and pay for service promotive of comfort and convenience 
and which in some cases may approach necessity. 

Under this broader, and, to make it effective, seemingly neces- 
sary meaning of the bill, not only is the right taken away to express 
in a material way appreciation for the courtesy of an employee, 
but he may not be rewarded for extra service which the employer 
may be willing the employee should render at the expense of him 
who receives it, but which the employer is not required to furnish 
by the provisions of this bill nor by any other law of the state. 
Thus, the traveler or patron may not supply the incentive for 
quick service in the hotel, restaurant or barber shop, or to the cab 
driver, that he may catch his train or make his appointment; he 
may not thus induce the polishing of his shoes, the brushing of his 
clothes or assistance in the handling of his baggage; he may be de- 
prived of the right to secure and to reward special consideration 
to those who by reason of infirmity or youth may urgently require 
it; the news boy at the public stand, unless he be the proprietor, 
may not have an extra penny ; indeed, gratitude to the nurse in the 
public hospital may not be expressed in a material way save at the 
lmzard of violating the provisions of this act. 

It will I think be readily seen that the bill imposes radical re- 
straint upon the freedom of action of the citizen in respect to mat- 
ters in themselves innocent and sometimes praiseworthy. This is 
no reason for condemning the bill if such restraint is required for 
the public good. But to justify it, it ought to be quite plain that 
the public welfare demands the restraint, and that the proposed 
law will efficiently accomplish it. Where restrictions are by law 
placed upon the liberty of the citizen as regards otherwise innocent 
acts, I think it is common to find it justified by some consideration 
involving the peace, health, safety, or morals of society. This bill 
is supported by none of these considerations. Certainly public 
peace is not involved, nor the public health or safety. If there is 
anything in the injunction that "it is more blessed to give than to 
receive,' 7 there is no danger that the tipping custom will undermine 
the public morals. And inasmuch as the man who parts with a tip 
is, as a general thing, better off in this world's goods than the 



Session of 1915 63 

beneficiary of it, it is difficult to consider the custom as a spendthrift 
one, calculated to pauperize and make a state charge one who 
indulges. So far as I can see, the most substantial reason which 
has been advanced for the bill is that if it is enacted into law and 
enforced, it will tend to destroy a discrimination in service which 
the tipping custom has been said to promote. To this aspect of 
the matter I have given careful consideration. That the custom 
may sometimes be promotive of discrimination may be admitted, 
though the frequency or extent of it is not so clear. The custom 
exists chiefly in the large cities and upon railroad trains. Much of 
the tipping on railway trains passing through the state cannot be 
reached by this act. The tip usually follows the service and extra 
attention is not excited by payment in advance. I am bound to be- 
lieve that the courtesy of the traveler very frequently may have as 
great an influence upon the character of the service which he receives 
as a gratuity resting in anticipation. I mention these things to point 
out the fact that it is impossible to say with assurance that the 
tipping custom, so far as practiced in our state and within the reach 
of our laws, has to any considerable extent caused discrimination 
in any service to the public within the engagement of the employer 
to furnish. 

In addition to this the bill is not directly aimed at discrimina- 
tion. Its effect in this respect will be incidental if it has effect 
at all. Should the bill become a law, there is nothing in it to 
prevent employers from cutting off the opportunity of the traveler 
or patron to obtain many of the extra services now permitted to be 
received and voluntarily compensated for, or if such services were 
continued, to prevent the employer from adjusting rates on the basis 
that all should pay alike irrespective of whether or not all required 
or desired the service. This latter result might well be claimed 
to create as great discrimination as any which can be justly urged 
for the adoption of the law. 

The enforcement of a law of this kind is another matter which 
I deem of vital consequence. The classes chiefly affected by the 
measure would be travelers, frequently resident in other states, 
and whose stay at the place where the occasion for the tip may 
arise, is often brief. In the ordinary view, there is no moral 
wrong in rewarding courtesy or any extra service by a tip, or in 
one's doing as he pleases with his own. I am forced to believe 
that many so inclined would not be deterred by the fact that in this 
state the act would constitute a potty offense, and that, without 



64 Messages to the Legislature 

a very expensive and wholly impractical system of espionage, the 
law would soon come to be honored quite as much in the breach 
as in the observance. A law disregarded and impracticable of en- 
forcement cannot find justification in wise public policy. It breeds 
disregard of all law. 

I cannot escape the conviction that this bill, in the broad scope 
which must be given to it renders it effective at all, radically inter- 
feres with the liberty of our people as regards otherwise innocent 
conduct. Applied to conditions in this state and within the reach 
of our law, I am unable to see in the bill any advantage to the 
general welfare adequate to fairly justify such restraint. The 
conclusion is, I think, inevitable that the enforcement of the meas- 
ure, if practicable at all, will impose a burden of expense without 
compensating promotion of the public good. I am, in addition, 
advised by legal counsel that the bill is unconstitutional. In the 
presence of these considerations, I deem it my duty to return it 
without my approval. • 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

April 26, 1915. 



To the Honorable, the Legislature : 

I have the honor to submit to you a brief synopsis of the report 
of the Black River Falls relief committee which has been filed 
with me. The report is a complete, detailed statement of the 
receipts and disbursements, and complies with the direction of the 
acts appropriating state money for relief and repair work at Black 
River Falls, following the flood of October 6, 1911. 

There was appropriated by Chapter 13 of the special session of 
1912, from the drainage fund, the sum of $71,000 for the purpose 
of building dams, dikes, retaining w r alls and other works in and 
along the Black river to protect swamp and overflowed lands granted 
to this state by the United States Government, and located near 
the city of Black River Falls. This act also provided for the repay- 
ment to the committee of money spent by it for this purpose prior 
to the appropriation. 

Chapter 21 of the laws of the special session of 1912 appropriated 
to this same committee the sum of $35,000, from the general fund, 
"to relieve destitution and suffering caused by the flood at Black 



Session of 1915 65 

Kiver Falls on October 6th, A. D. 1911, and to remove and destroy 
the menaces to public health caused thereby." 

The report of the committee shows that it also spent, for relief 
and repair work, an additional sum of $61,833.31 which it received 
from private contributions. 

The report is voluminous and detailed, showing the items of 
receipts and the amount and purpose of each disbursement. The 
whole amount of the appropriation has been spent by the committee 
for the purpose for which it was made. No member of the com- 
mittee received any compensation for his services and an exceptional 
volume of work was accomplished with the amount of money at 
the disposal of the committee. The report further shows that 
certain real estate, purchased for the purpose of carrying on the 
work of relief and repair, is still held by the committee. It is 
suggested that this property be turned over to the city of Black 
River Falls. I urge that the necessary authority be given to the 
committee to carry out this suggestion. 

The members of the relief committee are: Hon. B. L. Van 
Gorden, Hon. Henry Johnson, State Treasurer, Elting Elmore, 
Major Charles Williams and George F. Cooper. The work of this 
committee can hardly be estimated by a general statement of the 
facts. The detailed report shows that an immense amount of time 
and work was necessary to get the results that have been attained. 
The detailed report is on file in the Executive Office and may be seen 
by any one who is interested. The committee is entitled to the 
thanks of the people of the state for the unselfish devotion and 
effort given to this work. I am sure that I do not exaggerate 
when I say that the work of this committee and the fullness and 
accuracy of its report is a model of efficiency. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Dated May 3, 1915. Governor. 



EXECUTIVE COMMUNICATIONS 

To the Honorable, the Legislature : 

I have the honor to transmit herewith a copy of the Report of 
the committee to Investigate the Levee System of the Wisconsin 
River in the vicinity of the City of Portage. This committee was 
appointed in accordance with Chapter Eight of the Laws of the 
Special Session of 1912 and continued by Chapter 683 of the 
Laws of 1913. 



66 Messages to the Legislature 

I respectfully urge that your honorable body give this report and 
the recommendations of the committee thoughtful consideration. 
'The matter of protection to life and property, against the danger 
of water, in the vicinity of Portage, is of great importance to the 
people of that section and indeed to the people of the whole state. 

We have in the past had frequent examples of the devastating 
power of floods in that and other sections of the state. It is, in my 
(minion, wise to expend public money to prevent loss, where it can 
be prevented, rather than to spend it in repairing and replacing 
after the loss occurs. 

I especially urge that you give consideration to the recommenda- 
tions for the creation of a Levee District and for the appropriations 
of a sum sufficient to protect the levees already built until the new 
district can take over that work. I have requested Hon. George 
Staudenmayer, who is a member of this committee, to prepare and 
introduce a bill covering these recommendations. 
Eespect fully submitted, 

' EMANUEL L. PHILIPP, 

Governor. 

Dated May 3, 1915. 



To the Honorable, the Legislature : 

I ha.ve the honor to transmit herewith a copy of the report of 
the committee to investigate the levee system of the Wisconsin 
River in the vicinity of the city of Portage. This committee was 
appointed in accordance with chapter eight of the laws of the 
special session of 1912 and continued by chapter 683 of the laws 
of 1913. 

I respectfully urge that your honorable body give this report 
and the recommendations of the committee thoughtful considera- 
tion. The matter of protection to life and property against the 
danger of water, in the vicinity of Portage is of great importance 
to the people of that section and indeed to the people of the whole 
state. 

We have in the past had frequent examples of the devastating 
power of floods in that and other sections of the state. It is, in 
my opinion, wise to expend public money to prevent loss, where it 
can be prevented, rather than to spend it in repairing- and replacing 
after the loss occurs. 

I especially urge that you give consideration to the recommenda- 
tions for the creation of a Levee District and for the appropriation 



Session of 1915 67 

of a sum sufficient to protect the levees already built until the new 
district can take over that work. I have requested Hon. George 
Standenmayer, who is a member of this committee, to prepare and 
introduce a bill covering these recommendations. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, May 3, 1915. 



SPECIAL EXECUTIVE COMMUNICATION 

May 18, 1915. 
To the Honorable, the Legislature : 

As you know, I came to the office of Governor, pledged to do my 
part in reducing the burdens of taxation which had become almost 
unbearable. Determined to redeem that pledge I have made a 
diligent effort to discover the cause of the wide departure from the 
economies which characterized our state government for the first 
half century of its existence. I think that, in a measure, I have 
succeeded and address this message to you for the purpose of, in 
part, making known my conclusions and of appealing for co- 
operation along the lines I suggest in returning the administration 
to the safe plane the framers of the constitution intended it should 
occupy. 

You who were chosen to represent your districts, and I as Gov- 
ernor, are here with the same mandate from and obligation to the 
people. We are here in a common cause and can accomplish the 
ends that the people demand of us only by co-operation. I have faith 
that, being advised of the facts, you will work in the light of those 
facts to bring about the results that the people expect from our 
efforts. When we entered upon our respective duties we severally 
made solemn oath that we would support the constitution of our 
state. That was not a mere form. In the discharge of the duties 
we can be guided by no higher purpose than absolute loyalty to that 
oath. 

The state constitution was framed by the wisest body of lawyers 
ever assembled in our state. It is a declaration of principles sup- 
posed to be essential to preservation and conservation of the life, 
liberty and general prosperity .and happiness of the people. It 
was adopted by the people. It contained the limitations which the 



68 Messages to the Legislature 

people determined are essential to a safe government by the people. 
Those limitations being prescribed by the people they should be 
studied, understood and strictly obeyed. To speak of them lightly, 
or try to evade them, or chafe under judicial decrees vindicating 
them, is dangerous and persisted in could not fail to lead to con- 
fusion and disaster. That there has been much of that in recent 
years must be plain to all. The progressive disregard of consti- 
tutional treatment of the trust funds and property of the state, is 
striking evidence of what I suggest and leads me to suspect that in 
like disregard of constitutional restraints can be found much of the 
real logic of the enormous increase of state taxation which you, as 
well as myself, are pledged to remedy. 

No wiser check upon injudicious expenditure of public money 
or protection against burdensome direct and indirect taxation was 
devised by the framers of the constitution than that found in para- 
graph 5 of Article VIII. 

There it is provided, with an opening declaration of the subject 
covered, as follows: 

"ANNUAL TAX, LEVY OF. The legislature shall provide 
for an annual tax sufficient to defray the estimated expenses of 
the state for each year; and whenever the expenses of any year 
shall exceed the income, the legislature shall provide for levying 
a tax for the ensuing year, sufficient, with other sources of income, 
to pay the deficiency as well as the estimated expenses of such 
ensuing year." 

Thus the constitution clearly deals with appropriations of money 
to public use as one thing, with levy of taxes to produce a fund of 
money to appropriate from as another, and with both as legislative 
functions. 

Courts elsewhere have held under somewhat similar provisions 
that there cannot be a constitutional state tax without a legislative 
levy. By legislative levy they have meant one naming the precise 
amount of public burden — not a maximum sum leaving it to 
administrative officers to reduce it in their discretion. Our Su- 
preme Court recently declared the constitutional idea to be that the 
legislature itself shall levy the tax, leaving it to administrative 
officers only to carry out the legislative command. That was 
the practice under the constitution for many years after its 
adoption. That it was an effective guard against extravagance all 
must appreciate. As our court has said, the people in adopting that 
plan purposed keeping the power to levy taxes as near themselves 



Session of 1915 69 

as possible, and, so, made the legislature responsible therefor. That 
system was first departed from by making a maximum tax levy and 
leaving it to administrative officers to reduce it by any surplus they 
might determine was applicable therefor. Later, a general enact- 
ment, now found in section 1069a of the statutes, provided for such 
a discretionary reduction — which section it seems is contrary to the 
spirit of the constitution and should be removed from the statute 
book. Finally, the legislature omitted entirely to make any con- 
stitutional levy of state taxes, merely made appropriations and 
left it to administrative officers to determine the amount of direct 
tax levy necessary to provide the required funds to meet such 
appropriations. 

That such abdication by the legislature of one of its most im- 
portant duties, led to want of that appreciation of responsibility 
necessary to reasonable limitation of state expenditures, is not to be 
wondered at. The bad practice should be utterly abandoned. I 
urge you to do your part in this respect and have faith that you will 
do so. Before adjourning do just what the constitution commands : 
Make an estimate of the deficiency in ordinary revenues to meet 
estimated expenses to be paid out of appropriations for each of the 
succeeding two fiscal years ; add thereto any deficiency for the pre- 
ceding years; and, by bill, levy a state tax to cover the total. No 
other state tax will meet with my approval, or will be made by my 
consent. 

I wish to call your attention, in connection with the foregoing, 
to what I understand to be a constitutional surplus and a consti- 
tutional deficiency. The fundamental law deals with the latter, 
specifically, and with the former, inferentially, though just as 
plainly. I think there has grown up in recent years a perverted 
idea of both. That is quite a natural result of the abdication of 
legislative duty to pass upon the necessity for a state tax and to 
absolutely fix the amount in case of there being, in legislative 
judgment, necessity for any such tax. 

The constitutional idea is that the legislature shall levy state 
taxes to cover, with the ordinary revenues of the state, the estimated 
expenses which will have to be met before the time for it to act 
again. If the same proves insufficient, then there is the deficiency 
spoken of and the constitution specifies, unmistakably, how it shall 
be provided for. Not by borrowing. That would create a state 
debt which is most emphatically prohibited by the constitution. It 
is to be provided for by being included in the next legislative levy. 



70 Messages to the Legislature 

Note the words: ''Whenever the expenses of any year shall ex- 
ceed the income, the legislature shall provide for levying a state 
lax for the ensuing year, sufficient, with other sources of income, to 
pay the deficiency as well as the estimated expenses for such 
ensuing year." 

Thus it will he seen that there is only one way by which a con- 
stitutional deficiency can be created and that is by the estimated 
revenues of the state and the state tax levy failing to produce 
enough money to cover the appropriations. The practice of creat- 
ing a deficiency by spending money in excess of the appropriation 
and violating the constitution in letter and spirit, as I fear has 
sometimes been the case, by borrowing, in some form, is all wrong 
and should not be further permitted. The plan of our state govern- 
ment is that the legislature shall place an arbitrary limitation 
upon the expenditures for each particular purpose for each fiscal 
year by the appropriation therefor. Every department should be 
made to understand that and be held strictly responsible for any 
expenditure or obligation beyond its appropriation. To that end 
the accounting officer should limit warrants on the treasury for 
any purpose to the money available for such purpose and the state 
treasurer should limit payments accordingly. All those checks 
upon public expenditures are essentially a part of the constitutional 
plan. Borrowing money from one fund for the benefit of another, 
or borrowing of banks by state boards or departments, or borrow- 
ing, in effect, by securing advance tax payments, is contrary to the 
spirit of the constitution and should be discontinued. 

Now a few words about a constitutional surplus. That can, in 
my judgment, be created in but one of two ways : 1st, by the 
estimated ordinary revenues of the state and the legislative tax levy 
designed to cover the appropriations, together producing an excess; 
2d, by the money appropriated for a particular purpose for a fiscal 
year not being exhausted by the expenses for such year for such 
purpose. In either case such surplus, automatically, at the close 
of such year falls into the general fund and may be taken account 
of by the legislature in making the next appropriation and tax 
levy. In this connection I suggest that it is doubtful whether the 
legislature should or can properly provide for an unexpended balance 
as to any department being disposed of otherwise than by applying 
it on the next appropriation for such department or treating it as 
having lapsed into the general fund of unappropriated money. 

I commend the idea here suggested to your earnest attention. 






Session of 1915 71 

Make the tax levy for each of the next two years, not to be in- 
creased or diminished by any administrative officer or officers. Do 
not tolerate any deficiency created by expenditure of money in 
excess of appropriation and do not fail to make a constitutional 
disposition of any surplus there may be in the general fund or in 
respect to any particular department fund. 

There can be no better way of establishing efficient state finances 
than by a firm adherence to the requirements of the constitution. 
In what I have said I do not purpose casting any reflection upon 
the administrative officers who have in recent years made the tax 
levies which the legislature failed to make. Such officers, in the best 
of good faith, followed a bad custom and will, doubtless, be glad 
to co-operate in returning to the plan which the people designed 
in the beginning. 

Fixing the tax levy in the way the constitution prescribes is a 
mere matter of arithmetic once the legislature has voted authoriza- 
tions. Fitting revenues to authorizations already made is a mere 
matter of voting away the public's money, for the legislature has 
the power to levy taxes large enough to cover all its appropriations. 
The hard thing is to decide the least the state needs to have ap- 
propriated in order that no necessary work shall be neglected and 
the least that can be called for while still doing all necessary work 
efficiently. Recent excesses have probably in a measure been due 
to the fact that the legislature instead of itself fixing the levy to 
care for all its appropriations has left to others to decide whether 
appropriations were larger than the state could afford. A re- 
minder of the conditions which confront us will help the legislature, 
tax payers and the governor decide for what purposes and in what 
amounts the legislature would be justified in levying a general 
property tax. 

In my first message I was unable to give you data concerning 
the financial condition of the state any further than to present 
to you the department reports. I regard it unfortunate that the 
state has not so far inaugurated a system of accounting under 
which it could at all times be determined just what our financial 
situation is. It would seem that such information is essential for 
the legislative and executive branches of the government which 
must determine future expenditures. 

As the result of an investigation by able accountants, covering a 
period of nearly two months, I am now able to present to you such 



72 Messages to the Legislature 

financial estimates as the governor should be able to give the legis- 
lature at the opening of the session. 

Careful estimates indicate that at the close of the fiscal year, 
June 30, 19.15, the state treasury will have a cash balance of 
$2,933,000. Though called a cash balance it is not a free and unin- 
cumbered balance. A millstone of obligation hangs over it. This 
balance is not available for reducing appropriations for next year's 
work. Against it are authorizations on account of this and previous 
years of $4,591,000, which, subject to legislative action, will be in 
force and unapplied June 30, 1915. ($897,000 for operation and 
$3,694,000 for improvements.) Some of these authorizations might 
be repealed ($1,542,000) ; others can be lapsed at the end of the 
year, such as the $897,000 for operation less $114,000 balances in 
revolving funds; others represent permanent improvements already 
begun which must go on and be paid for out of next year's tax levy 
($2,152,000). In this connection it will be interesting to learn 
that during the fiscal year now about to close the expenditures of 
the state government, excluding strictly agency transactions, will 
be $13,896,500; the receipts from all sources, $13,023,950, or an 
excess of expenditures over receipts of $872,550. 

Besides the $4,591,000 of unapplied balances which includes 
$3,694,000 for improvements, there is a contingent liability of from 
$2,500,000 to $3,000,000 of which $987,800 is now in litigation as 
paid under protest by an insurance company for taxes the state 
may have to pay back if the courts decide against the state in the 
suit now pending. The state hopes and expects to win this suit, 
but prudence would require that the legislature should not authorize 
spending any part of $2,500,000, least of a-11 $987,800 actually in 
litigation by consent of the state, which the courts have not yet 
finally declared belongs to the state. 

The next year will begin, therefore, unless the legislature enacts 
otherwise, with a certain liability of $4,591,000 because of previous 
years' authorizations besides a contingent liability of $987,800 actu- 
ally in litigation. But even disregarding the contingent liabilities, 
the cash balance of $2,933,000 may not be counted upon to help us 
meet the certain liabilities. This cash balance is $872,550 less than 
the balance with which the year 1914-1915 began. The state needs 
$3,000,000 as a working fund with which to begin each fiscal year 
and without borrowing to tide over the first six months' period be- 
fore the bulk of taxes are paid in. Even if you should vote to use 
the cash balance as a partial offset to the liabilities of 1915 you 



Session of 1915 73 

must anticipate conditions the next July and vote $3,000,000 for a 
treasurer's balance with which to begin the second year of the 
biennium. Except as the legislature by special act lapses unapplied 
balances for operation and repeals authorizations for improvements 
there will be a certain liability of $4,591,000 in July besides a con- 
tingent liability of from $987,800 to $2,500,000. Merging these 
liabilities in next year's bookkeeping or forgetting about them or 
blinking them does not remove them. The obligations are there 
and require legislative action — either lapsing, repeal or tax levy. 

When reviewing each of these authorizations and expected bal- 
ances will you have in mind that all amounts which you do not 
lapse, or repeal will have to be included in a general property tax 
for next year ? 

Let us now consider next year's estimates by themselves without 
confusing them with this year's balances of unapplied authoriza- 
tions or unused cash. In all statements of expenditures and re- 
ceipts I omit strictly agency transactions where the state acts only as 
collector and distributor. 

From all other sources of revenue, apart from general property 
taxes, receipts may not safely be estimated to exceed $9,300,000. 
This is somewhat less than you will find in the budget estimates. It 
is, however, all that it is safe to count upon and more, rather than 
less, than should be appropriated against. Whether to use the 
original figure or the reduced figure depends upon the attitude we 
are to take toward possible assets. If we take the attitude which 
the business world must take, several estimates ought to be de- 
creased. We shall not have an opportunity to correct our mistakes 
if we overestimate. If we underestimate, however, the state will 
benefit. For example, jitney busses will cause a reduction of street 
railway taxes; income taxes will certainly yield less; $500,000 
should not be estimated from the life insurance company that is suing 
to recover former payments or appropriated against until pending 
suit is decided; inheritance taxes should be estimated at the mini- 
mum of recent years — in fact, it is doubtful if they should ever 
be appropriated against until actually received. The only safe 
financing is to assume that every dollar authorized by you in excess 
of $9,300,000 will have to come from taxes on general property. 

Because this generous total, $9,300,000, does not come directly 
from general property is no reason why it should be treated as "easy 
come, easy go." Taxes levied upon general property for the uni- 
versity and norma] §chools and capitol are just as much general 



: l Messages to the Legislature 

property taxes as if levied for any other state work. It is a tax none 
the less because it is paid by railroads, insurance companies, parents 
who pay incidental Ices, inherited estates and incomes. Every 
dollar of it which is wasted or needlessly spent means a dollar added 
to the property tax. The purpose of the income, railroad, corpora- 
tion taxes, etc., was not to raise more taxes but to raise taxes 
more equitably. These other sources of revenue should be used to 
make property taxes unnecessary in like amounts, not to conceal 
the burden of unnecessary expenditures. The public in turn should 
hold us as strictly accountable for the way in which we spend this 
$9,300,000 which it feels little or not at all, as for our direct levy 
of all above this amount through a general property tax. 

If the state expenditures were kept within revenues other than 
general property taxes, the only general property tax needed would 
be $2,138,000 for the common schools which the state collects 
merely to distribute it again in proportion to school population. 
If, on the other hand, all estimates in the budget for operation and 
improvements should be provided for, a property tax of $6,507,100 
would be needed next year besides the common school tax of 
$2,138,000, or a total of $8,645,000. This would be $1,000,000 
larger than the largest previous general property tax ever raised 
in this state (191-t) and even then would not provide for that 
part of estimated, unapplied authorizations not included in the 
above estimates which the legislature may not lapse or repeal as of 
June 30, 1915; nor would it provide for the contingent liability 
above mentioned. 

For operation alone you were asked in the budget estimates to 
plan an expenditure of $12,277,000, including state aid. This is 
$2,977,000 above the expected receipts from "other sources than 
general property tax. For improvements, $3,530,000 is asked. This 
makes a total of $6,507,000, any fraction of which could come only 
from general property tax. Again, these totals do not include 
any provision for outstanding authorizations for improvements 
totaling $1,935,000, or for keeping $114,000 balance in revolving- 
fund. 

Somewhere between relying upon other revenues with a common 
school tax of $2,138,000 and a general property tax of $10,694,000 
(amount of all recpiests for next year, plus unapplied balances of 
June 30. not included in estimates) the Legislature must fix the 
final general tax levy for next year. These two limits are extreme?, 
bit extremes which help show the state's problem, 



Session of 1915 75 

There is already appropriated $11,177,000 for operation again 
including state aid and $1,032,000 for permanent improvements or 
a total of $12,209,000. (Operation; boards and departments 
definite, $2,795,600 ; unlimited-sufficient, $1,782,800 ; receipts, 
$353,600; highway, $1,270,000; board of control, $1,983,100; nor- 
mal schools, $728,000; capitol, $600,000 ; normals, $750,000; Univer- 
sity, $47,000; board of control, $175,000; boards and commissions, 
$135,000.) This is $2,909,000 more than the other revenues. Thus 
if the legislature were to adjourn without acting at all on any 
appropriation bill, there would be required a general property tax 
of $2,909,000 for state purposes and $2,138,000 for common 
schools; or for all purposes, $5,047,000. If authorized improve- 
ments already contracted for are continued, $2,152,000 more must 
be provided out of next year's levy or $7,199,000. 

The foregoing total, $7,199,000, provides not one dollar for new 
appropriations or for several activities that must be continued even 
though they have not as yet come under the continuing appropria- 
tions voted by the legislature of 1913. As to outstanding improve- 
ment authorizations it provides only for those against which charges 
have already been made, $2,152,000. 

Improvement authorizations against which no charges have yet 
been made and which are, therefore, subject to repeal without stop- 
ping work already begun total $1,542,000. These authorized but 
temporarily arrested improvements are the following : 

$255,000 Agricultural Board, State Fair buildings. 
100,000 Forestry investment fund. 
20,000 Land department for reserve. 
50,000 Merrimac Bridge. 

12,000 Trade School. (Operation never charged against.) 
50,000 Administration Building, Milwaukee. 
17,500 Madison street improvement. 
45,000 La Crosse Normal. 
100,000 Normal dormitories. 
350,000 University, men's dormitory and union. 
200,000 University, Physics building. 
150,000 University, Liberal Arts building. 
58,000 University, Soils building. 
50,000 University, Shop building. 
75,000 University, New building equipment. 
9,000 University, Lincoln's statue. 



$1,542,000 Total. 



76 Messages to the legislature 

(There are also improvement authorizations which become avail- 
able July 1, 1915, which should be reviewed to see whether any 
of those may be postponed without injury to state work. 
$50,000 Forestry investment fund. 
10,000 Land Department. 
45,000 County agricultural buildings — no construction 

contemplated but authorization in force. 
30,000 Highway bridges. 
25,000 Board of Control land. 
150,000 Southern Wisconsin Home for Feeble Minded, 
which will carry a balance of $80,000 for im- 
provements. 
75,000 Eau Claire Normal, available March 1, 1916. 
47,000 University land contract.) 

Before you ever vote upon another appropriation bill, therefore, 
you start with present authorizations in excess of expected receipts, 
($7,199,000 plus $1,542,000) which, if not diminished by repeal, 
will require a general property tax of $8,741,000. No action what- 
ever is required to compel this sum, $8,741,000, in the tax levy. 
To reduce that levy will require specific action by the legislature. 
In other words, if amounts already appropriated are not reduced 
by legislative action, every dollar that from now on is voted for any 
purpose whatsoever will come out of general property tax and will 
be fixed in the tax levy by the legislature before it adjourns. 

The amount that shall be voted is for the legislature to propose. 
The needs of the state, goveraed by the ability of the people to pay, 
should determine this amount. It is in the hope of helping you 
measure requests by needs that I have in this message emphasized 
the importance of legislative compliance with the constitution in 
fixing the tax levy and have recalled that every dollar of appro- 
priations voted for next year or retained from this year will go 
into the tax levy. It is my intention to consider all appropriation 
bills at one time. Obviously, I cannot consider the merits of one 
appropriation without seeing whether or not there is money to meet 
this increase and whether it seems disproportionate. If there is an 
advantage to the legislature in considering the passing of bills 
separately, it is clear that for the governor to act intelligently and 
fairly it is necessary for him to have before him at one time all of 
the bills or all of the facts relating to necessary appropriations. 

Finally, will you, so far as you can, make your appropriations 



Session of 1915 77 

in separate bills. This will be especially desirable for the reason 
that the governor will thus be given the opportunity, which is denied 
the legislature itself, to consider each bill in its relation to all other 
bills and to the state's program as a whole. It is the only way in 
which the governor may discharge his constitutional duty to approve 
or disapprove appropriations without causing unnecessary trouble 
and delay for the legislature. 

In the interest of the state the governor must express his 
judgment with respect to the details as well as the totals of appro- 
priation bills. In order to enable the governor to do that, without 
causing unnecessary delay and trouble for the legislature, it will 
be advisable to send the appropriation bills here in such form as 
will enable him to disallow such items as he deems inadvisable, 
while approving of all items which seem to him advisable. 
Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 



EXECUTIVE COMMUNICATION 

To the Honorable, the Legislature: 

I return you herewith bill No. 167, A. without my approval. 

Boulevards and parkways are constructed at a large cost for 
the purpose of beautifying cities, and no general authority should 
be given to appropriate them for traffic purposes. 

If it is desired to at this time use some particular boulevard 
or street in order to improve the system of street car lines for 
the benefit of the public, the law should be specific in its direc- 
tion, confining the authority to the boulevard or parkway that 
must be used for that purpose. 

I cannot agree to the proposition of giving authority to use 
any or all boulevards and parkways for the accommodation of 
transportation lines. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, June 1, 1915. Governor. 



June 10, 1915. 
To the Honorable, the Legislature: 

For some time a sentiment has been growing in the state of 
Wisconsin against our present system of governing educational 



78 Messages to the Legislature 

institutions. That sentiment is now very strong. It is not too 
much to say that the majority of our people believe that our 
educational system is top heavy. While we have given much time, 
attention and money to the development of higher education, our 
common schools have received too little attention, particularly our 
rural schools which are such an important factor in upbuilding 
our state interests. 

There is also a. strong sentiment among our people that our 
higher institutions of learning have developed too fast. I do 
not mean that in the matter of quality our growth has been too 
great. The standards of our educational institutions can never 
be too high. But it is a general and I think a well founded 
impression, that our educational institutions have adopted a policy 
of expansion which is outrunning the needs of our own state. 

With a view to making a more equitable distribution of the 
money that the people can afford to raise for educational pur- 
poses, and with the further object of correlating our educational 
system so that all our educational institutions shall grow and 
prosper proportionately, this legislature has undertaken to create 
new laws with respect to our educational activities and to estab- 
lish a government for them which will be complete in its organi- 
zation and will be able to see our educational requirements from 
the University even to the smallest one-room rural school. The 
problem which these laws aim to meet has been expressed by Edi- 
tor Winship of the Journal of Education, Boston, as follows : 

"The greatest problems that Wisconsin faces are those that 
have to do with the modernizing of her school system, notably 
of her rural and village schools." 

Our higher institutions of learning require more cooperation, 
and for the good of the state should have greater regard for the 
entire public school system. 

You have before you a revised bill which provides for a cen- 
tral state board of education. 

This bill is offered by the assembly committee on education 
and is entitled "Substitute Amendment No. 1, A. to Bill No. 
262, A." The central board is to consist of twelve members and 
the state superintendent of public instruction ex-officio. It is to 
have fiscal responsibility for all state supported educational ac- 
tivities and governing responsibility for all state educational in- 
stitutions. The twelve appointive members are to be appointed 



Session of 1915 79 

by the governor by and with the consent of the senate (Section 
376-51). I ask your support of this bill because of the bene- 
fits it promises (1) to our rural and other common schools, (2) 
to our entire educational system, and (3) to the taxpayers of 
the state who have asked you and me to put the state in a more 
favorable position when dealing with requested appropriations for 
university, normal schools, and other educational purposes. 

The bill outlines what the committee on education deems the 
best step for Wisconsin to- take in the interest of its tax supported 
education. It represents an amount of study and deliberation 
such as can be given to few legislative proposals. The joint com- 
mittee held public hearings on the original bill introduced by 
Assemblyman Van Gorden, No. 262, A., and heard in detail from 
those favoring and opposing the central board idea. In many 
executive sessions it reviewed the reasons and information given 
at the hearings, gave consideration to letters from prominent edu- 
cators in our own and other states. It asks you now to accept 
its conclusions and to enact its substitute bill into law. I wish 
to supplement its recommendation with appeal for your prompt 
and favorable action. 

It has been thought wise not to burden the proposed law with 
much detail. After stating unequivocally the principle of cen- 
tral responsibility, it gives to the central board general powers 
by which it can supplement the procedure which the act describes 
with such additional or modified procedure as experience may 
show to be necessary in order to increase the board's efficiency. 
The main features of this revised bill which I believe entitle it 
to favorable and prompt action by the legislature are as follows: 
It insures many sided attention to common school needs which 
has never been given in our state. It requires that the need of 
the common schools shall be the starting point for considering 
every proposal for state support of university, normal schools, 
Stout institute and the mining trade school. (Sections 376-51, 
54, 56, 65, 66, 69, 78, 79.) 

It centralizes and unifies control of matters common to all edu- 
cational activities (Sections 376-51, 53, 55, 56, 64, 73, 78, 79). 

It leaves control of local matters to local authorities. The Uni- 
versity Board of Visitors is not abolished, but continues subject 
to the control board where now it is subject to the separate board 



80 Messages to the Legislature 

of regents (Sections 376-59, 70, 71, 72, 77). No duties are taken 
from the state department of public instruction. 

The central board will produce a balanced growth and raise 
the standard of our common schools. This better preparation 
for higher education will redound to the benefit of our normal 
schools, colleges and university. 

It provides that one or more regents shall be appointed from 
the two boards of regents at present responsible for the univer- 
sity and normal schools (Section 376-51). This reserves to the 
new board the knowledge that has been gained by experience by 
the older board. 

It requires publicity of all actions and records and requires 
not only annual reports which will account for work done and 
money spent, but also open public meetings, open records of meet- 
ings and publicity of findings of executive sessions from which 
the public may for good -reason be excluded (Sections 376-59, 
67, 69). 

It continues the present policy that only a minority of the 
board shall retire each biennium so that there shall never be more 
than a minority of new members who are not yet acquainted with 
the board's work (Section 376-52). 

By paying a per diem of eight dollars plus all expenses it makes 
it possible for able men on small incomes to give to the state's 
educational work their services and to represent the laboring classes 
and the farmer and the small business man who, without such per 
diem might not easily be represented (Section 376-62). 

It will put an end to the log-rolling and lobbying with the 
legislature in the interest of one or the other educational institu- 
tions. It will provide not only information for legislators, but 
also a thorough advance review of appropriations demanded. 
Thus they may decide on the basis of evidence without the inter- 
vention of special pleaders (Sections 376-69, 70, 78). 

It provides for a responsible, central, continuous study from 
the standpoint of the whole state of each educational activity 
(Sections 376-66, 78, 79). 

It provides a unified supervision of all state aided educational 
institutions. 

It puts in educational hands responsibility for educational af- 
fairs and into business hands responsibility for business affairs. 

This bill creating a central board of education does not include 



Session of 1915 81 

all the provisions for the improvement of common schools which 
this administration has proposed. A number of other bills are 
pending which must be taken as part of a general scheme for 
promoting education of the masses. The educational institution 
which stands in greatest need of immediate assistance is the rural 
school where a large percentage of our country boys and girls 
receive all the education they ever get. 

The first step for improving our rural schools is to improve 
the rural school teacher. In order to accomplish this I regard 
it essential that rural school teaching be made a distinct profes- 
sion. In order for it to become so, sufficient compensation must 
be provided to encourage young men and women to enter this 
profession and stay in it. Two measures are now in the hands 
of the education committee which propose that the state pay 
out of the seven-tenths mill tax for common schools graduated 
increases in salary to rural and village school teachers accord- 
ing to the length of efficient service. Upon these bills the edu- 
cation committee will shortly report. The committee bill will aim 
to make country teaching at least as remunerative as city teach- 
ing. Under no other system can we hope to hold talented young- 
men and women in rural schools. 

Other bills which provide for more and better supervision of 
rural schools are also in the hands of the committee on educa- 
tion. By better supervision we mean more supervising and visit- 
ing teachers. The committee has found that counties having as 
high as 350 rural schools now employ only one superintendent 
and no other supervision. This is practically no supervision. 
Still other bills provide that the state will out of the seven-tenths 
mill tax for common schools pay the salaries of supervising teach- 
ers so that every fifty or sixty schools under the county superin- 
tendent will have at least one supervisor. 

Thirdly, there has been general complaint that the county board 
of education as now constituted is not a satisfactory institution. 
A strong demand arose for its abolition. In fact, one branch of 
this legislature has, as proposed by me in January, already gone 
so far as to repeal the law creating it. The objection to the pres- 
ent law has been based largely on the fact that because of the 
elective feature and because members of the count v boards of 
education receive compensation, slight though it is, the office has 
in many instances been sought by persons who were not inter- 



82 Messages to the Legislature 

ested in school work. At the same time, there is an undoubted 
demand for county supervision with respect to matters such as 
the settlement of school district boundaries, especially in the more 
sparsely settled portions of the state. In order to overcome the 
objection to the paid board and at the same time to retain the 
benefits of a county board of education, bills are being consid- 
ered by the committee on education which will provide for a 
non-paid board of three to be appointed by the county board 
instead of being elected. This system will enable the county 
board of supervisors to select men who are interested in educa- 
tion and who are willing to devote their time to the betterment 
of our schools. Furthermore, this new system will keep these 
boards out of politics. 

A fourth proposal would increase the minimum compensation 
of county superintendents from $1,000 to $1,200 per annum in 
order to attract and to hold competent men and women. 

These four bills and the central board of education bill are 
measures proposed by this administration in the interest of a 
better educational system. 

That more attention must be given to superintendence and in- 
spection of our rural schools may be deduced from the follow- 
ing figures. 

Of 211,000 children between the ages of 7 and 14 who at- 
tended schools under county superintendents last year, 62,000, or 
nearly one in three, attended less than the regular number of 
days. One in 10, or 16,400 of rural school children attended 
fewer than 40 days; one in 5, or 32,400 attended fewer than 
60 davs. In rural and common schools outside of cities 204,000 
between the ages of 7 and 20 either never went to school at all 
or else attended so few days that they could have derived little 
or no benefit from their schooling. 

There are now eight normal schools in operation and an addi- 
tional one will soon be completed at Eau Claire. These schools 
are maintained at a large cost, and are supposed to be profes- 
sional schools for the training of teachers. Reports show that 
in the year 1914 only 123 normal school graduates were teaching 
in rural schools. Evidently the graduates of these schools find 
employment in the cities or leave the state. The rural schools 
receive hut little aid from them. Our experience in this respect 
shows conclusively that our rural schools need not look to the 



Session of 1915 83 

normal schools for a supply of trained teachers. Some provision 
must be made for better qualified teachers for our country schools. 
The county training schools could be used for that purpose. The 
educational standard of those institutions should be raised, and 
more of them should be built. The children in the country should 
be given an opportunity to get a good general education besides 
being trained in agriculture, and the country teacher should be 
prepared to meet this necessity. 

The need of more comprehensive study of the financial require- 
ments of the normal schools and the university was plainly shown 
by the manner in which the budgets for these institutions were 
submitted to the present legislature. The normal school bud- 
get came to this legislature without the proper review by regents 
and without plan for the economies which officials in the sum- 
mer of 1914 announced as accomplished. The university budget 
asking for $6,000,000 for the next biennium came to this legis- 
lature with the explanation that it represented the estimates of 
the educational officers and business manager, and that there 
was not available time to submit these estimates to the regents 
for review and revision. 

The budget estimates for these various purposes, which total 
$10,000,000 for the next biennium, were not compared with one 
another or fitted to one another or even reviewed by any one 
representing the whole state before they were submitted to the 
legislature. Instead of being treated as different parts of one 
state program, each of these measures is being promoted by rep- 
resentatives of the respective institutions and sometimes by log- 
rolling and lobbying. It is such procedure and such conditions 
that have caused legislators, governor and public alike to over- 
look the common and rural school. Out of sight means out of 
mind here as in other human affairs. 

In this bill substantial headway is made toward insuring the 
combination of advantages to which President Silas Evans of 
Eipon College referred in his letter as follows : 

"It has been my conviction that some central, unifying agency 
. is the crux of a constructive educational policy. It can bring 
proper perspective for service to the separate schools, can curb 
or direct the ambitions of administrative officers and instructors 
into lines of social service, and also can more rightly proportion 
the funds which are available. Complexity of interest in educa- 



84 Messages to the Legislature 

tion demands simplicity of oversight for adjustment. Education 
in and for a democracy clearly must not neglect the majority. 
The far-reaching policy is to care adequately for the rural schools 
and the grades. While giving enabling powers to the large num- 
ber in their period of greatest need, the higher schools of learn- 
ing, which furnish the leadership in all lines, must also not be 
neglected." 

In many ways the rural and other common schools will be aided 
if you pass this revised bill. It makes the central board a board 
of estimate and apportionment for the entire school system — 
common schools as well as the university normal school, Stout 
institute and mining trade school (Section 376-69). It makes 
the elective state superintendent of public instruction a member 
of the central board for the express purpose of having the com- 
mon schools always represented in its deliberations (Section 376- 
51). It makes a knowledge of common schools a qualification 
for membership on the central board — in other words, a governor 
may not appoint to the central board a person who has not a 
"general knowledge of common schools" and a "knowledge of state 
needs" (Section 376-51)'. It specifically imposes upon the cen- 
tral board the duty of keeping the common schools in mind when 
it considers the so-called higher schools "to the end that all tax 
supported educational institutions may become a harmonious and 
correlated whole" (Section 376-56). 

In selecting a commissioner from "men of recognized educa- 
tional leadership" the board is to rank successful experience in 
the public school field as proper qualification. It is made neces- 
sary for the board and him to study "the several grades of schools" 
and "every phase of public education" (Section 376-66). In pre- 
paring budgets for the university and normal schools it must 
keep in mind the background of public school needs. 

The bill requires that the existing organization for supervising 
the common schools, the department of public instruction, be 
recognized and used by the central board, which must use "the 
information obtainable in the department of the state superin- 
tendent so far as practical" (Section 376-66). It must not only 
receive and consider recommendations from the state superin- 
tendent and exchange information with him, but must make rec- 
ommendations to him in addition to any recommendations which 



Session of 1915 85 

it may make to the legislature when submitting the educational 
budget (Section 376-51, 69, 78). 

The mere recital of this many-sided program for aiding the 
rural and common schools shows that the bill represents a long 
step forward in the right direction. 

At the same time, it is obvious that each of these steps will 
help the university, the normal schools, Stout institute and the 
mining trade school, each of which exists as part of the educa- 
tional system and not for itself. The stronger the lower schools, 
the greater will be the demand for higher schools. Attention 
such as this bill provides will never be given until the legislature 
makes it the business of official body and of one set of officers 
to think of different parts of the state's educational work not 
as separate and independent activities, but as related, mutually 
dependent parts of a great whole. It is not necessary to show 
that Wisconsin is an exception. It is not an exception unless 
in the fact that it proposes now to deal more comprehensively 
with this situation than the majority of states have yet done. 
The whole case is put in a nut shell in a letter which I received 
from President Pritchett of the Carnegie Foundation for the 
Advancement of Teaching: 

"Under existing conditions when each part of the state's sys- 
tem develops without regard to the other there is enormous waste 
of money and of equipment. More important still there is an 
educational waste which shows itself in superficial teaching, in 
emphasizing so-called higher education at the expense of thorough 
elementary teaching and in setting the ambitions of children 
toward other callings than those of their own neighborhood." 

In settling home questions like this, Wisconsin must be guided 
by its own knowledge of its own needs. But no state can afford 
to act without doing its best to profit from the experience of 
other states. Acting for the committee and for the state I sought 
out-of-state opinion and experience, by writing to noted educa- 
tors who as presidents of colleges, professors of government and 
education or commissioners of education or other administrators 
have had reason to study the advantages and difficulties such as 
are involved in the unification of Wisconsin's educational system. 

The answers to these letters have been carefully considered. 
They are important because they are specific. Because a man 
might favor one part of the plan and be opposed to another I 



86 Messages to the Legislature 

did my best to ask questions which would ascertain what each 
one opposes and what each one favors. The plan before this leg- 
islature was stated and the questions asked, whether so far as 
practicable, state co-operation in common school work should be 
included in the scheme of unified supervision; whether centrali- 
zation should stop with central financial control or should include 
other governing powers; whether local boards for the university 
and normals should be retained after a central board is appointed; 
whether weaknesses heretofore exhibited by various central boards 
of education have been inherent in central control or due to pre- 
ventable procedure and method. Suggestions and answers were 
followed up and every effort made to get for Wisconsin the most 
competent judgment of the country with respect to a unifica- 
tion plan for Wisconsin's educational system. 

Xoted educators have answered in full detail and with expres- 
sions of interest in Wisconsin's problem as it relates to the na- 
tion's problem. They want us to solve this problem right. They 
do not all agree. But there was a general opinion that the cen- 
tral board was the tendency of modern educational advancement. 

By common agreement the central board has been a success 
in Xew York, Massachusetts, New Jersey, Florida and Idaho. 
Those nearest to the situation in Kansas, Oklahoma and Idaho 
claim that experience testifies for and not against central boards 
and that the mistakes which have been made are not difficult to 
avoid. 

There is just one agency in the country, excepting possibly the 
United States Bureau of Education, which has been trying to 
study this question of central boards of education extensively 
and comprehensively. This agency is the Carnegie Foundation 
for the Advancement of Teaching. President Pritchett of this 
Foundation has repeatedly stated in his reports that the tendency 
is undeniably toward centralization and has shown with respect 
to many mistakes that they were clue to administrative elements 
which the Wisconsin bill has in large measure provided against. 
In writing to me, President Pritchett declared, "Unity of pur- 
pose and co-ordination among the various state schools can be 
secured only by providing one agency to oversee and scrutinize 
the work of all." 

Among the benefits which have resulted from the Iowa central 
board the secretary reports : "The board has completely reor- 



Session of 1915 \ 87 

ganized, strengthened and greatly increased the efficiency of va- 
rious departments in each of the institutions." Salaries have 
been standardized upward and more competent instructors se- 
cured. Institutions have stopped trying to excel one another 
and to encroach upon another for, as President Murphy wrote : 
"They have all been kept from entering new fields and their ener- 
gies directed along lines of greater efficiency within their present 
fields." 

Other gains to Iowa we wish to duplicate by means of a cen- 
tral board in Wisconsin. To quote President Murphy again: 
"Legislative lobbying by faculty members, presidents and self- 
constituted friends of institutions has ceased. At the recent ses- 
sion not a single member of the teaching staff of an institution 
against which a determined and bitter fight was being made ap- 
peared in Des Moines. Everyone was at home attending his prop- 
er affairs. The presidents came when called upon for informa- 
tion. The senate passed the central board's budget recommenda- 
tions without a dissenting vote and in the house on the last bal- 
lot there were but five who recorded themselves against it." 

"Iowa's central board was created very largely because the legis- 
lature became disgusted with the old system of lobbying for funds. 
Before the creation of the present board each of the institutions 
went before the general assembly seeking for large sums of money 
and a great part of the energy of the president and deans and 
some of the members of the faculty was expended during the 
legislative sessions in lobbying." 

A central board will not lend itself as easily to political in- 
fluence and personal manipulations as do local boards. No one 
charges that the central boards of Massachusetts, New York, New 
Jersey, Florida, Kansas, Iowa or Idaho are being used for political 
purposes. 

The interests of the instructional staff are more carefully guard- 
ed in the new bill than under the present law. The fear that 
academic freedom will be interfered with by a central board has 
not been expressed by any educational officer in our state so 
far as I know. It has appeared chiefly in out-of-state papers 
which expressed concern for freedom at the university. As stated 
before, the bill places the responsibility for education upon edu- 
cators and a comparison with this feature with the present law 
must immediately conyirice the members that the proposed bill 



88 Messages to the Legislature 

goes further in the matter of educational freedom than does the 
existing statute. A board of managers as is proposed in this 
bill should not be expected to manage the details of instruction 
in a great university. Its course should be influenced by the 
results which the institution produces, and whenever results are 
unsatisfactory it has full power to make such change in the faculty 
as the interests of the institution may require. 

It has been urged that where a state has a state superintendent 
of public instruction a new officer with the title of commissioner 
of education should not be added. I see no danger that the 
people will forget who is who among the state's educational of- 
ficers; or that the office responsible for detailed attention to pub- 
lic schools will lose in prestige because of such possible confu- 
sion; or that the state superintendent of public instruction and 
the commissioner will interfere with one another's work; or that 
rivalry between the two sets of assistants will injure where the 
bill aims to help the common school. 

Our state constitution provides for a state superintendent of 
public instruction to be elected by the people. This same sec- 
tion leaves to the legislature to determine what other educational 
official shall share with the superintendent responsibility for super- 
vising public instruction. It also leaves, to the legislature respon- 
sibility for deciding what the duties of the state superintendent 
of public instruction shall be. The provision reads: 

Article 10, Section 1 : "The supervision of public instruc- 
tion shall be vested in a state superintendent and such other 
officers as the legislature shall direct; and the qualifications, 
powers, duties and compensations shall be prescribed by law." 
It seems reasonable that an effort to co-operate and to prevent 
confusion will be just as successful if the state board's officer is 
called "commissioner" as if he were called "secretary" or "execu- 
tive secretary." No one in the state thinks of the state depart- 
ment of education as a board of co-ordinate officers. Everyone 
who knows of it at all knows that it is the office which is directed 
by the state superintendent of public instruction. The only con- 
flict or confusion that might be serious would be a conflict or 
confusion of duties. ISTo conflict of this kind exists. Against 
such confusion the bill specifically provides. The two divisions 
of government are to supplement and strengthen one another. 
Quibbling about titles should receive no consideration when the 



Session of 1915 89 

interests of our boys and girls are at stake. I am confident that 
the present state superintendent of public instruction and his 
successors and their subordinates will find in the state board of 
education and its commissioner material backing which hereto- 
fore has been lacking for projects known to be necessary in the 
interest of the public schools. In other words, the central board 
bill removes from the normal schools and university the special 
advantage which they heretofore have enjoyed over the common 
schools, and gives to the public schools an organized citizen in- 
terest which it has always needed and heretofore has lacked when 
common school needs were before the legislature and the public. 
In urging the passage of this bill I have had only the welfare 
of our educational institutions in mind. I am firmly of the opin- 
ion that we can render no greater service to the people of Wis- 
consin than to enact this bill into law and create a new govern- 
ment for our educational institutions designed to give equal op- 
portunities to all who depend upon the state for an education. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 



To the Honorable, the Legislature: 

The result of the forestry case, (so-called), suggests that I 
should urgently recommend such legislative action as will sup- 
plement as efficiently as possible the working of the court in 
rescuing the state educational trust lands and funds from im- 
proper diversion thereof. 

The constitutional plan was that all lands dedicated by grants 
from the United States to the state for educational purposes 
should be administered by the commissioners of public lands, com- 
posed of the attorney general, the state treasurer and the secre- 
tary of state. In the spirit thereof all lands which the state de- 
rived from the swamp land grant and by the state constitution 
dedicated to educational purposes, so far as the proceeds thereof 
were not required to drain such lands, were, in the beginning, 
placed by the legislature under the same jurisdiction as school 
lands proper. Thus the situation remained for some fifty years 
and until the unlawful diversion commenced which the court has 
most emphatically condemned. Had the legislature appreciated 
that the lands were so impressed with special trusts, and in the 



90 Messages to the Legislature 

main for educational purposes, that it had no competency to 
devote the same to a purpose foreign thereto, it seems certain 
administrative control would have been left with the commission- 
ers of public lands. Divided control, where there can be no di- 
vided use, would seem to be clearly bad policy and necessarily 
lead to waste and again endanger the integrity of the educa- 
tional trust. 

I, therefore, recommend that the forestry legislation be revised 
so as to eliminate all parts which have been condemned by the 
court, and restore administrative control of all such trust fund 
lands to the commissioner of public lands and make it the duty 
of the board of conservation to take charge of the field work 
of forestry character and of protecting the trust lands from dan- 
ger of fires and trespass losses and realization on dead, dying 
and mature timber and annual forest products. If the board 
of conservation is not created by law then the work of forestry 
should be placed in charge of a forester to be appointed 
by the governor upon recommendation of the commissioners of 
public lands and subject to removal for cause by the ap- 
pointing power, he and such other employes as may be neces- 
sary in looking after the trust lands to be under the supervision 
of and accountable to such commissioners. 

Since the great mass of remaining trust lands held by the 
state belong to the normal school trusts, and it is questionable 
whether the trust will not be conserved by withholding the lands 
from sale for a time, I recommend for your consideration that 
the board having administrative charge of the normal schools 
be accorded such advisory communication with the administra- 
tion of such lands, especially with sales thereof, as will make 
their influence on such board efficient to protect any further 
attempt to divert the lands, or any part thereof, to other pur- 
poses, and prevent any undue haste in selling the same. 

The present system of an independent board of forestry to 
handle the trust lands substantially independent of the consti- 
tutional board seems very poor policy in the light of the forestry 
decision. The lands can be made a source of income for school 
purposes, as was designed by the framers of the constitution. The 
scheme of reforesting these lands wherever the same have been 
cut over is at best a poor business proposition and a burden upon 
the taxpayers of the state. 



Session of 1915 91 

By the plan I recommend large sums of money can annually 
be saved to the taxpayers and the danger of again diverting and 
losing sight of the sacred character of the trust funds will be 
avoided. 

I wish to call your attention to the fact that the law makes 
no provision for the safe-keeping of deeds and other papers and 
records covering lands belonging to the state. The result is that 
such papers are deposited in various offices in the capitol build- 
ing and there is no systematic care of same. Some public office 
in the capitol building should be made a repository for all docu- 
ments of that character. Suitable vaults should be provided for 
their safe keeping and proper records should be kept. I recom- 
mend that you enact such legislation as may be necessary to com- 
ply with this requirement. 

There is a strong sentiment among our people that this ad- 
ministration shall curtail public expenditures with a view of les- 
sening the burden of taxation. This sentiment was given full 
expression at the polls last fall and I question whether any man 
would have been elected to any public office of importance who 
made it known that he was unwilling to comply with this de- 
mand. The people understand that substantial economies in our 
state government cannot be brought about unless there be a cur- 
tailment of expenditures in all of our public institutions. One 
of the economies that was strongly urged and which I fully en- 
dorse is the abolishment of all useless commissions and the con- 
solidation of those that are retained in order that we may prevent 
duplication of service and produce greater efficiency at a reduced 
cost of administration. Early in the session the legislature ap- 
pointed a committee of investigation for the purpose of studying 
the various state activities with a view of re-arranging them upon 
a more economical basis. Three consolidated boards were agreed 
upon by the committee of investigation and I recommend them 
to you for your favorable consideration. 

The board of conservation embraces the fish commission, the 
fish and game protection department, the forestry board and the 
board of state parks. These four state activities naturally be- 
long together and can be operated by a single board consisting 
of three men with much better results and at a greatly reduced 
cost. 

The new agricultural board recommended by the committee, 



92 Messages to the Legislature 

consisting of the present board of agriculture, the live stock sani- 
tary board, the state veterinarian, the immigration commission 
and the state inspector of apiaries, properly merges all these agri- 
cultural activities under a single head consisting of three com- 
missioners. I recommend this consolidation to you in the inter- 
est of economy and greater efficiency. Although the state has 
at this time an agricultural board, it is an agricultural board in 
name only. It has devoted its time to the promotion of the an- 
nual state fair and practically to no other agricultural subject. 
It is proper to say in this connection that the members serve 
without pay and we should be grateful to them for whatever serv- 
ice they have rendered. However, the great agricultural state 
of Wisconsin should not be without an agricultural bureau that 
devotes all of its time to the development of our agricultural in- 
terests. Much profitable work can be done in the way of increas- 
ing our production by producing better seeds and promoting im- 
proved methods of farming as well as improving our live stock 
and our dairy products. These are subjects that deserve the at- 
tention of the state. There is no answer to the dentand for a 
lower cost of living except the increased production of our farms. 

In order that the work of inspection now carried on by the 
state may be better organized and that this state activity may 
be carried on in a more economical and businesslike manner, the 
committee on investigation reported a bill which creates a board 
of public welfare. As this bill was originally drawn it included 
the dairy and food department, the board of public health, the 
board of control and the oil inspection departments. These boards 
jointly employ a large number of inspectors, each attending to 
its own particular business without reference to the requirements 
of the other. There is probably little that one inspector could 
not do where often three or four are in evidence. Such a sys- 
tem is wasteful and, like all other overloaded organizations, the 
men employed soon become inefficient. 

A statement has been industriously circulated that the proposed 
law will associate the work of the state board of health with 
departments with which it has nothing in common and that the 
efficiency of the health department will be destroyed. Such state- 
ments are unwarranted and are made by men who either do not 
understand the purpose of the proposed law or are actuated by 
selfish motives. 



Session of 1915 93 

Men who have made a study of state government will freely 
admit that the work of the board of control and the state board 
of health should have been joined years ago. Men who are com- 
petent to supervise health and sanitation are well equipped to 
act as supervisors of our penal institutions. Such work as plumb- 
ing inspection, which is now in charge of the state board of health 
and which must necessarily be carried on by a plumber rather 
than a doctor, should be placed in charge of the state industrial 
commission which has the supervision of other mechanical work. 

There is much duplication in the inspection service of these 
departments. To illustrate : The health department inspects 
slaughter houses, the dairy and food department inspects meat 
markets, the weights and measures department inspects the scales 
in the meat market, another inspector of the health department 
may inspect the plumbing and sewerage of the same market, 
while the oil inspector may inspect the oil and gasoline used by 
the butcher; the hotel inspector may inspect the restaurant in 
the same block, and it is altogether possible that all of these in- 
spectors may arrive at the same place on the same day. It is 
for the purpose of avoiding such waste of the government's money 
that this proposed consolidation has been submitted to you and 
I recommend it for your favorable consideration. 

The three bills that I have referred to have passed the assem- 
bly and are now pending in the senate. The bill which trans- 
fers the duties of the fire marshal in part to the insurance com- 
missioner and in part to the industrial commission and another 
bill re-organizing the tax commission in the interest of greater 
economy in the collection of our taxes are also pending. The 
consolidation bills that I have referred to give the governor the 
right to exercise some control over the expenditures of these in- 
stitutions as the proposed law provides that whenever one of 
these departments proposes to increase its expenses it must have 
the authority of the governor to do so. The purpose of this pro- 
vision is to bring these bureaus in closer touch with the people 
so that whenever the cost for operating the same becomes too large 
the people will know that the governor is responsible for the in- 
creased cost. 

These consolidations have been made in response to a demand 
from the people for less commissions and greater economy. It 
is the purpose of this administration to keep faith with the peo- 



94 Messages to the Legislature 

pie in this as in all other respects and I, therefore, recommend 
that you give favorable consideration to the propositions that I 
have herein referred to. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, June 17, 1915. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

M. J. Cleary of Blanchardville to be Commissioner of Insur- 
ance for the term beginning July 1, 1915, and ending June 30, 
1919. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, June 25, 1915. 



To the Honorable, the Assembly : 

I return herewith bill No. 40, A., without my approval, en- 
titled "An act to create section 1623 of the statutes, relating to 
the running at large of dogs and providing a penalty." 

The bill provides that except in cities or villages where dogs 
are required to be licensed no owner or keeper or other person 
in charge of a dog shall willfully or negligently permit or allow 
such dog to go beyond the limits of the premises owned, leased 
or controlled by him or beyond the limits of the premises on 
which the dog is regularly kept. 

There can, of course, be no objection to confining clogs so far 
as possible to the premises of the owner; nor can there be any 
valid objection to holding the owner responsible for any damage 
that such dog or dogs may do. The provisions of the law at 
present afford ample protection in this respect. 

The penalty, however, provided in this bill is excessive. It 
does not seem reasonable that a court should be given the right 
to commit a man to jail for a period of thirty days because of 
the acts of his dog or because the animal strayed away from 
the premises of the owner. In fact, if the provisions of this bill 
were strictlv enforced it would make the keeping of a dog im- 



Session of 1915 95 

possible either by a farmer or any one living in the country with- 
out constantly subjecting such owner to the fine or imprisonment 
provided for in this act. 

If it is desired that this bill should become a law the penalty 
should be made reasonable. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, July 9, 1915. Governor. 



To the Honorable, the Legislature : 

I return herewith bill No. 542, A, without my approval. It 
is evidently the purpose of the bill to repeal an appropriation of 
one hundred fifty thousand dollars for a liberal arts building and 
fifty thousand dollars for a shop, these appropriations being part 
of an appropriation of six hundred forty-five thousand dollars 
made by the legislature of 1913 for university buildings. 

The bill is not in good form because it does not directly repeal 
appropriations that the legislature evidently now wishes to with- 
hold. It is open to the further objections that it makes the 
unexpended balances which it continues immediately available, 
which would make it necessary to place the entire amount in this 
year's tax levy. Inasmuch as two years will be required to com- 
plete the buildings provided for by the appropriations we can 
lessen the burden of the taxpayer by dividing the appropriations 
into two parts. President Van Hise of the university suggests 
that the appropriation be made payable as follows : 

For 1915-16 $126,900 

For 1916-17 225,000 

The above amounts to be used in the construction of the follow- 
ing buildings, the different items and the payment of same to be 
arranged as follows: 

1915-16 1916-17 

For Soils building— Agriculture Dept $ 28,000 $ 28,000 

For Boilers 5,000 5,000 

For Physics building 80,000 110,000 

For base of Lincoln statue 8,900 

For equipment for buildings 82,000 

For bath house for girls 5,000 



$126,900 $225,000 



96 Messages to the Legislature 

I recommend that a new bill be prepared for your considera- 
tion, appropriating the above amounts and repealing all unused 
appropriation for buildings provided for in section 1722-53, acts 
of the legislature of 1913. The management of the university 
does not now demand the immediate construction of the liberal 
arts building and the shop building provided for in that act. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, June 20, 1915. 



To the Honorable, the Legislature: 

I return herewith bill No. 460, A, without my approval. 

The bill is an amendment to section 25-11 of the statutes, for- 
bidding the sale of intoxicating liquors on election days. Under 
the provisions of this amendment saloons may be opened after 
the closing of the polls, and intoxicating liquors sold on any 
primary election day, the day of annual town meetings, spring 
elections, or the biennial fall election. 

The law which forbids the sale of liquor on election days has 
been on our statute books fifty-six years. I know of no former 
effort to amend it and I believe it to be the will of the people 
of Wisconsin that it be continued without change. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated at Madison, Wisconsin, July 20, 1915. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

James Nevin of Madison, Wisconsin, to be a member of the 
State Conservation Commission of Wisconsin, for the term end- 
ing on the first Monday of February, 1921. 

Respectfully submitted. 

EMANUEL L. PHILIPP, 

Governor. 
Dated, July 23, 1915. 



Session of 1915 97 

To the Honorable, the Senate'. 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

W. E. Barber of La Crosse, Wisconsin, to be a member of the 
State Conservation Commission of Wisconsin, for the term end- 
ing on the first Monday of February, 1919. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, July 23, 1915. Governor. 

To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

Frank B. Moody of Ithaca, New York, to be a member of the 
State Conservation Commission of Wisconsin, for the term end- 
ing on the first Monday of February, 1917. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, July 23, 1915. Governor. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

George B. Harris of Waukesha, Wisconsin, to be a member of 
the State Board of Control of Wisconsin, for the term ending 
April 1st, 1920. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, July 23, 1915. Governor. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

Christian P. Norgord of Madison, Wisconsin, to be commis- 
sioner of agriculture for the term ending on the first Monday 
in February, 1919. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, July 28, 1915. 



98 Messages to the Legislature 

To the Honorable, the Assembly: 

I herewith return without my approval Bill No. 207, A., entitled 
**An Act to create section 824m of the statutes, relating to clocks 
and harbors in towns." 

The bill confers upon town boards situate upon any navigable 
waterways within or bordering on this state all the powers and duties 
now conferred and imposed upon dock and harbor boards of cities 
and villages — which powers among others include the right to 
acquire lands by condemnation for, and to construct docks, piers, 
slips, wharves, basins, warehouses, a belt railway and all other 
necessary structures to handle all manner of water craft for freight 
and passengers and for free interchange of traffice between the 
waterway and railways; to have charge and control of all such 
property and of the harbor, regulate toils, exercise authority over 
all water front highways, employ such officers, agents and em- 
ployes as may be necessary and fix their compensation. 

The present law gives the cities and villages the right to issue 
bonds against the improvements and payable from its revenues. 

I doubt very much the constitutionality of the present law, but 
this bill goes still farther and provides in section 2 that for the 
purpose of raising funds to pay for these improvements the chair- 
man of the Harbor Board and the Town Board "Shall have author- 
ity and power to levy taxes and, under the name and seal of such 
town to issue and dispose of bonds," to the extent of the total 
amount of indebtedness incurred. Thereby charging directly upon 
the town the liability for all such indebtedness. 

This law is wrong in principle. It grants to such board too great 
a power to incur municipal indebtedness without proper restric- 
tions by authorizing and empowering such chairman and town 
board the right to levy taxes. It likewise is contrary to at least two 
provisions of our State Constitution. 

For these reasons I return this bill without my approval. 
Respectfully submitted, 

" EMANUEL L. PHILIPP, 

Governor. 

Dated at Madison, Wisconsin, 

July 30, A. D. 1915. 



To the Honorable, the Senate: 

I herewith return without my approval hill No. 609, S., entitled 
"An Act to create section 4549m of the statutes, to prohibit the ap- 



Session of 1915 99 

pointment or employment of relatives in the state service by officials 
or employes of the state except when duly certified by the civil serv- 
ice commission, and providing a penalty." 

The purpose of this bill insofar as it seeks to prevent 
nepotism is meritorious, but it goes too far. It not only prohibits 
the employment of relatives by blood or marriage without first 
being placed on the eligible list under the rules of the civil service — 
in the future, — but in express terms prohibits, under penalty of a 
heavy fine, the continuance in office of those employes who may 
now be and are under contract with the state for service. 

This is not only unfair to those who are now employed and who 
occupy a relationship stated in the bill, but attempts to invalidate 
existing contracts of employment or service ; is retroactive, and ex- 
tends the civil service law far beyond what was contemplated 
by the original enactment. The legislature never intended to in- 
clude certain confidential and responsible positions, but this bill 
recognizes no exemptions. It is unreasonable. 

For these reasons I return the bill without my approval. 
Eespectfully submitted, 

" EMANUEL L. PHILIPP, 

Dated at Madison, Wisconsin, Governor. 

July 30, A. D. 1915. 



To the Honorable, the Senate : 

I herewith return without my approval bill No. 644, S. 
. I have no objection to the contents or purpose of the bill, but its 
enactment into law becomes unnecessary for the reason that bill No. 
791, A., which I have signed, covers everything set forth in this bili" 
and grants all the privileges herein desired. To place this on the 
statutes Avould be a duplication and surplusage. 

For this reason I return it without my approval. 
Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, August 6, 1915. Governor. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate, and, by 
and with the advice and consent of the senate, appoint : 

Frank Johnson of Darien, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday in February, 1918. 



100 Messages to the Legislature 

C. W. Harvey of Beaver Dam, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday in February, 1917. 

G-. N". Mihills of Fond du Lac, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday in February, 1917. 

B. F. Wilson of Wausau, Wisconsin, to be a member of the State 
Fair Advisory Board of the Department of Agriculture, for the term 
ending on the first Monday in February, 1918. 

L. I. Roe of Stanley, AVisconsin, to be .a member of the State Fair 
Advisory Board of the Department of Agriculture, for the term 
ending on the first Monday in February, 1918. 

Robert McDowell of Oconto, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday in February, 1918. 

Edward J. Roethe of Fennimore, Wisconsin, to be a member of 
the State Fair Advisory Board of the Department of Agriculture, 
for the term ending on the first Monday of February, 1919. 

William X. Rowe of Sarona, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday of February, 1919. 

Thomas Saxe of Milwaukee, Wisconsin, to be a, member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday of February, 1919. 

R. J. White of Milwaukee, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday of February, 1919. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, August 11, 1915. Governor. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint : 

G-eorge P. Hambrecht of Grand Rapids, Wisconsin, to be a 
member of the Industrial Commission of Wisconsin, for the term 
ending June 30, 1921. 

Respectfully submitted, 

" EMANUEL L. PHILIPP, 

Governor. 
Dated, August 12, 1915. 



Session of 1915 101 

To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint : 

B. N. Moran of Ehinelander, Wisconsin, to be State Supervisor 
of Inspectors of Illuminating Oils, for the term ending on April 
1st, 1917. 

Eespectfully submitted, 

EMANUEL L, PHILIPP, 
Dated, August 12, 1915. Governor. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint : 

John M. Whitehead of Janesville, Wisconsin, to be a member of 
the State Board of Public Affairs for the term ending August 
1st, 1916. 

George B. Hudnall of Superior, Wisconsin, to be a member of the 
State Board of Public Affairs for the term ending August 1st, 
1916. 

W. H. Hatton of New London, Wisconsin, to be a member of the 
State Board of Public Affairs for the term ending August 1st, 
1916. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, August 12, 1915. Governor. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint : 

H. L. Griswold of West Salem, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending the first Monday in February, 1917. 
Eespectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, August 12, 1915. Governor. 



To the Honorable, the Assembly: 

I return herewith bill No. 292, A., without my approval. 

The bill provides for the printing and distribution of forty-five 
thousand copies of the "Wisconsin Blue Book" biennially. The 
Blue Book which is being distributed at this time is costing the 



102 Messages to the Legislature 

state sixty cents per copy. The number authorized for distribution 
by this bill, if the same can be obtained at the same cost that the 
state, is now paying for the books that are being distributed this 
year, will be twenty-seven thousand dollars. 

The bill provides for a liberal distribution to all schools and 
public institutions, which I believe to be proper. It provides fur- 
ther that each member of the legislature shall be given two hundred 
and fifty copies. Inasmuch as a liberal distribution is provided by 
law to be made by the state it does not seem necessary that each 
member of the legislature be given such a large number. In fact, 
I am certain that it will be difficult for the members to distribute so 
many. Illinois distributes thirty thousand copies; Michigan thirty- 
two thousand copies; Minnesota twenty thousand copies; Iowa not 
to exceed nineteen thousand copies. 

I recommend that the allowance to each member of the legis- 
lature be reduced to one hundred. In doing this we can save the 
state about twelve thousand dollars. It is my judgment that 
twenty-five thousand copies is a liberal distribution of this book 
and that we can make this saving without a loss or inconvenience 
to any one. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, August 12, 1915. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

Lewis G. Kellogg of Ripon, Wisconsin, to be a member of the 
State Civil Service Commission, for the term ending June 21st, 
1921. 

Respectfully submitted, 

EMANUEL L. PHILIPP, ■ 
Governor. 
Dated, August 13, 1915. 



To the Honorable, the Legislature: 

There is a bill pending in the senate which authorizes the gov- 
ernor, secretary of state and the state treasurer to advance a suf- 
ficient sum of money to any department or institution of the 
state to meet an emergency or temporary deficit upon the proper 



Session of 1915 103 

showing that the funds asked for are actually required and that the 
department or institution has not sufficient funds to meet such 
emergency. 

I requested that this bill be introduced and now urge upon you 
that the same be passed before the adjournment of the legislature. 
It is being represented that this bill is being urged by this ad- 
ministration because of the fact that too large reductions have been 
made in the appropriations to the various departments and institu- 
tions. Such statements are pure fabrications for political purposes, 
answer here because the reason for such provision is so plain that 
we may dismiss such criticism as inspired by politics. 

In government as in private business emergencies arise that no 
one can foresee, and that require prompt action upon the part of 
the state. I call attention to our recent experience with the hoof 
and mouth disease among cattle. It required a large sum of 
money to establish a successful quarantine. If the state had not 
been successful in confining the disease within the certain limit 
in which it existed, the cost of lighting it might have been a much 
larger sum. The agricultural bureau has no appropriation for this 
purpose and would be without funds to combat the disease if it 
should re-occur. 

The state is responsible for the obligation incurred in conducting 
a state fair. At the beginning of my administration I found un- 
paid bills growing out of the state fair, amounting to $31,000. 
These unpaid bills were of long standing and were due to small 
shop-keepers and dealers for hay, straw, oats and other materials, 
and should have been paid promptly. The financial results of a 
state fair, at best, are dependent upon the weather, therefore no one 
can assure financial success. The great state of Wisconsin, with 
millions in its treasury, should be in a position to pay its legitimate 
debts, at least, as promptly as the business man is expected to pay 
his, and should not take advantage of its creditors by postponing 
payment for an indefinite period simply because this state 
cannot be sued as any other creditor would be under similar 
circumstances. 

I call attention to another illustration. The state prison at 
Waupun was unable to pay its employes for nearly three months 
because its appropriation for that purpose had been exhausted. 
The board of control had sufficient money, but not enough had been 
appropriated for this particular purpose of paying salaries in that 
institution, hence the shortage in this department and employes 



104 Messages to the Legislature 

had to wait three months for their pay, a thing which would not 
occur in any well regulated business. 

The management of the University insists that the reductions 
made in the operating expense of upwards of $150,000 per year is 
too much, and that the amount available might not be large enough 
to carry on its instructional work as completely as is desired. The 
reductions made in that appropriation were very carefully con- 
sidered and I feel confident that with co-operation of the University 
management the cut will cause the institution no inconvenience. 
The amount in question, as compared with the entire appropriation 
for the University is small, and if experience will prove that the 
reduction which has been made leaves a sum that is not sufficient, 
then the required amount should be available, and it would seem 
that it should be perfectly safe to make this provision because 
the additional sum demanded would be scrutinized first by the 
board of regents, second by the state board of education, and finally 
by the governor, secretary of state and state treasurer, and it would 
seem that any expenditure of public money that requires the ap- 
proval of so many people is perfectly safe and that no waste could 
possibly occur. 

No one can estimate the needs of a large institution down to the 
last dollar, and yet it would be inadvisable to make the appropria- 
tions for each one of them sufficiently large to "play safe" because 
that would encourage extravagance; and inasmuch as unusual 
emergencies are not likely to happen in all institutions, one fund to 
be applied in any direction that may be necessary, is sufficient. 

The arrangement suggested is correct in principle and I trust 
will have the support of the legislature. The misstatements made 
regarding it are pure fabrications for political purposes and will in 
the end be a small deposit in any political bank; and I trust will 
have no influence in the legislature. 

As the session is drawing to a close I wish to express my appre- 
ciation of the work of the legislature. The session has been long. 
However, those who would criticise that part should bear in mind 
that you have handled a great many important subjects which re- 
quired deliberation and consumed time. You would have profited 
financially had you given these subjects less consideration. You 
are, therefore, to be praised for your willingness to prolong the 
session in order to enact wiser laws and thereby render the public 
a better service. The additional cost to the state because of the 
fact that the session was prolonged has been repaid many times; 



Session of 1915 105 

in fact, I am convinced that this session has been .very profitable 
to the people of the state, and you deserve the gratitude of the state 
for your patience and for the personal sacrifices which you have 
made during the time that you have been here. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, August 14, 1915. 



To the Honorable, the Assembly : 

I return herewith bill No. 400, A., without my approval. 

This bill seeks to amend the Corrupt Practices Act by broaden- 
ing its scope and bringing under its provisions every person or the 
directing secretary or directing officer or representative, if there be 
no secretary, of any committee or organization, however organized, 
engaged in any political activity, for or against any candidate for 
office or for or against any measure to be voted on at any election 
or advocated in any party platform. 

The provisions of this bill, if enacted into law, would compel 
any person or organization coming within the above description to 
report any expenditure of money in a like manner as the law now 
compels to be reported by any candidate or political committee. 

The spirit and purpose of the so-called Corrupt Practice Act is 
to secure honest elections, prevent bribery, coercion, or any of those 
things which may be accomplished by a corrupt use of money, and 
to prevent candidates of large means from obtaining advantages 
over candidates of less means. The reports required from candi- 
dates and their committees must show (1) where the money is 
derived from and (2) what it is expended for — these reports being 
public records in order that the proper officers of the state and the 
general public may know whether or not the candidate and his 
committees, whether party or personal, have complied with the 
law. Any further restriction that may be placed around the 
privilege of advocating political principles are in my judgment 
an offensive interference with the exercise of the people's rights 
as guaranteed by the constitution. 

If this bill were enacted into law every person or organization of 
any kind or nature, which would include labor unions, church 
societies, civic societies and women's clubs, that may be interested 
in some public question, and hire a hall for the purpose of holding 
a meeting or employing a speaker or which may employ a secretary 



106 Messages to the Legislature 

for the purpose of carrying- on correspondence or cause a circular to 
be printed and circulated or do anything that calls for an expendi- 
ture of monev, must report all expenditures in accordance with 
the proyisions of the Corrupt Practice Act and any failure on their 
part to do so would subject them to a fine or imprisonment. 

I believe that the free discussion of public questions by the people 
is not only a constitutional right that should not be abridged by 
statutes of this kind, but it should be the policy of the state to en- 
courage it in order that the affairs of our government be better 
understood by the people and that the will of the people may have a 
greater influence upon those whom they have chosen to represent 
them in the government. 

The restrictions provided in this bill, if enacted into law, would 
have a tendency to cause people to relax in those public efforts that 
are sometimes necessary to purify government. No propaganda, 
however high minded its motives may be, can be successfully carried 
on without the use of money. If every donor to the cause of the 
people must go through a form which would imply that he was 
doing something corrupt and which might make him the personal 
subject of partisan attack, men will prefer to bear the abuses of 
government in silence rather than take the public abuse for render- 
ing such assistance as is necessary to correct the evils of government. 

Section 3 of article I of our state constitution provides : • 

"Every person may freely speak, write and publish his sentiments 
on all subjects, being responsible for the abuse of that right, and 
no laws shall be passed to restrain or abridge the liberty of speech, 
or of the press." 

Section 4 guarantees to the people "The right to peaceably as- 
semble, to consult for the common good, and to petition the govern- 
ment, or any department thereof, and this right shall never be 
abridged." 

It Avas clearly the intention of the framers of the constitution 
that these rights should not be circumscribed by any future legis- 
lative act, and I believe it to be reasonable to assume that it was not 
the intention that any necessary expenditure growing out of the 
exercise of this right by the people should be subject to review by 
any officer of the state, or that any penalty should be enforced 
against any person who may fail or neglect to report any such 
expenditure, as this bill j3rovides. 

The bill raises the further question, whether if enacted into law 
it would not be an attempted interference with the freedom of 



Session of 1915 107 

the press. It is difficult to understand just how the press can 
exercise any right under the constitution that cannot be exercised 
by an individual as well. It is part of the functions of a news- 
paper or periodical to discuss public questions, to advocate certain 
principles of government and to promote the interest of candidates, 
and so far no legislature has sought to compel any newspaper 
publishers to report the amount of money expended by them in 
the advocacy of public questions or candidates for office. And yet 
the privilege which this bill attempts to circumscribe, insofar as 
the public is concerned, is precisely the same privilege that is being- 
exercised by the press. I hold the view that only public good can 
come from a free and unhampered discussion of public questions. 
1 believe it to be a right that is fully guaranteed to the American 
people by our constitution and any attempted statutory inter- 
ference with constitutional guarantees should be stoutly resisted by 
the people. 

The limit that has been placed by law upon the expenditures 
of candidates and political committees, organized for the purpose 
of promoting their interests, is quite a different matter because it 
seeks to prevent the election of public officers by corrupt means 
and to limit the use of money in election. 

I return this bill to you without my signature because I believe 
it to be unconstitutional as well as against sound public policy. 
Respectfully submitted, 

" EMANUEL L. PHILIPP, 

Governor. 

Dated, August 18, 1915. 



To the Honorable, the Assembly: 

I return herewith Bill 52, A., without my approval. 

The bill attempts to create a marketing department by appoint- 
ing the Dairy and Food Commissioner and two employes of his de- 
partment and constituting them a commission to carry out the 
provisions of this bill. It directs that it shall be the duty of the 
commission to co-operate with and advise consumers and producers 
in devising an economical and efficient system of marketing and 
storage, to render efficient and sanitary all existing markets 
throughout the state; to examine the market facilities of the dif- 
ferent cities and municipalities throughout the state upon applica- 
tion of twenty-five business men thereof or twenty-five freeholders ; 
to give counsel and advice to petitioners in establishing markets 



108 Messages to the Legislature 

in such a way as to render profitable relationship between the resi- 
dents of the surrounding country and the residents of the city to 
the end that the interests of the consumers and purchasers shall 
be served; to make and publish a list of individuals who desire to 
purchase farm products and dairy products direct from farmers ; to 
standardize all products as to quality, size of package and quantity ; 
to obtain from labor unions in cities the names of laborers who 
are in good standing in such unions and whose financial standing 
is good and can be vouched for by the officers of the unions; to 
make a statement of the financial standing of proposed customers 
and to furnish every applicant a printed list of all prospective 
buyers of farm produce, together with the financial standing of such 
prospective buyers and many other duties. 

For all this there is appropriated in the bill three thousand dol- 
lars per year. It requires no argument to support the statement 
that the amount appropriated is not sufficient to carry out the 
provisions of this bill; in fact I cannot convince myself that the 
legislature seriously intended that this bill should become a law. 
If it were seriously intended to create a commission equipped to 
carry out the provisions of the bill, an annual appropriation of 
at least one hundred thousand dollars would be necessary. 

The project of bringing the producer and consumer together, 
of ascertaining the financial responsibility of the consumer, and 
the further duty of standardizing the farm and dairy products of 
the state is a large undertaking and the appropriation which is 
made in this bill is not sufficient to pay for the stationery and 
printing that would be required. I shall not place this burden 
upon the Dairy and Food Commissioner without sufficient funds 
to carry it out. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, August 20, 1915. Governor. 



To the Honorable, the Assembly: 

I herewith return Bill No. 347, A., without my approval. 

My reason for returning the bill is that it would allow any 
firm or corporation to install plumbing without having a master 
plumber in charge. This I regard as a serious oversight and 
one that I cannot permit to pass out of regard for public health 
which it is the very object of the plumbing law to protect. 



Session of 1915 109 

Both this bill and the existing law recognizes two classes of 
licensed plumber. This bill distinguishes between journeymen 
plumbers who pay an initial license fee of two dollars and one 
dollar per year thereafter, and master plumbers who pay an initial 
license fee of fifty dollars and fifteen dollars a year thereafter, 
and provides for separate examination as to qualifications. A 
journeyman plumber has become generally recognized as one who 
has a certain mechanical skill in the operations of the trade, where- 
as a master plumber is one who can plan and install plumbing 
according to sanitary requirements and in accordance with the 
laws, rules and regulations governing the same. The present bill, 
after recognizing this distinction, and providing for such widely 
different fees and examinations, provides that any person, firm or 
corporation desiring to engage in or work at the business of plumb- 
ing "shall be required at all times to have a licensed plumber in 
charge." Now, inasmuch as either a journeyman or a master 
plumber is licensed, this bill would allow an inferior workman who 
may not have any knowledge of sanitary requirements to be in sole 
charge of work, and the master plumber who at present has such 
responsibility is virtually legislated out of existence. I submit 
that it is inconsistent to create the distinction of master plumber, 
by law, and arrange for a high license fee and stricter examina- 
tion to the end that he may be supervisor of work, and then make 
no requirement that a master plumber shall be engaged in super- 
vision. Not only this, but the present bill, if it became a law, 
would give an opening for any traveling plumber who could take 
a journeyman's examination and pay two dollars to install plumb- 
ing and then pass on to some other locality. This would not only 
be unfair to the skilled workmen of our own state but would be a 
detriment to public health. Furthermore, the regulations provided 
in this bill are in conflict with plumbing ordinances in our cities 
which will cause confusion. 

For the above reasons I return this bill without my approval. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated at Madison, Wisconsin, 
August 24, A. D. 1915. 



110 Messages to the Legislature 

Executive Department, 

State of Wisconsin. 
To the Honorable, (lie Assembly: 

I return herewith without my approval bill No. 811, A. 

It repeals subsections 2, 3 and 4 of section 1042j of the statutes 
and amends subsection 1, relating to the taxation of mineral rights. 

This bill was passed, apparently, for the purpose of overcoming 
the objections raised by the supreme court in a recent case, in 
which this whole mineral taxation law was declared to be uncon- 
stitutional. It is an attempt on the part of certain interested per- 
sons or organizations to escape, for the time being — until again 
tested by the court — the effect of the decision referred to, in the 
hope that it may become a law with the chance that no one will 
see fit to contest it. 

While the bill itself excludes much of the objectionable matter 
in the old statute yet it does not overcome the objections to the law 
itself, as pointed out in the opinion of the court. How can an 
unknown value be assessed when there is nothing tangible by which 
such value can be determined? As stated by the court: "The 
existence or value of ores or minerals beneath the surface, un- 
disclosed, can only be ascertained by drilling and testing the land." 
The proposed act makes no such exception or provision as a rule 
for assessment. It must, therefore, be fixed by a mere conjecture 
or opinion of the assessing officer unguided by any fact which 
can be known to him or any other person. 

With so recent a declaration of our highest court, with whom 
rests the exclusive function of the interpretation of our laws I 
do not deem it wise or advisable to sanction, by approval of this 
bill, an act designed to circumvent this decision and thus lessen 
the dignity and respect which all should accord this judicial 
tribunal. 

Furthermore, this bill is in direct conflict with a law passed 
by the legislature and known as chapter 388, which makes pro- 
vision for an added valuation to lands containing zinc and lead 
ore to the extent of a percentage of the value of such ores re- 
moved from the mine and sold for commercial purposes. 

I therefore return the bill without my approval. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, August 20, 1915. Governor. 






Session of 1915 111 

To the Honorable, the Senate: 

I return herewith bill No. 581, S. without my approval. 

Under the provisions of this bill, the Wisconsin Industrial 
School for Girls, located at Milwaukee, would be placed under the 
jurisdiction of the state board of control. This institution has 
been under the control of a voluntary board of lady managers since 
its beginning. It was started forty years ago as a home for de- 
pendent children and was later converted to its present use. The 
management has been economical and efficient and I am of the 
opinion that the board of control would not be able to duplicate 
the service that these ladies are now unselfishly giving to this 
institution. 

The appropriation made for the operation of this institution 
for this biennium does not make any money available for the pay- 
ment of the management that this bill provides. If it is to be 
the future policy of the state to give to the management of this 
institution to the board of control, then a sufficient appropriation 
must be made for that purpose. If it were attempted now the 
additional cost must be taken from the moneys set aside for oper- 
ation which would mean so much less money to be used for the 
benefit of the inmates. If the legislature intended to make the 
change that this bill provides, it should have provided the necessary 
funds to put the provisions of this bill into effect. I veto this 
bill for the reasons that I have above stated. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, Madison, Wisconsin, 
August 24, A. D. 1915. 



112 Messages to the Legislature 

Extraordinary Session Began October 10, 1916; 
Ended October 11, 1916. 

CALL FOE SPECIAL SESSION OCTOBER 10, 1916. 

In the month of June the President of the United States called 
for troops to restore order in Mexico and protect the Americans 
living on that frontier. In response to that call, four thousand 
Wisconsin guardsmen enlisted in the federal service and nearly all 
of them are now in the United States Army, stationed in or near 
San Antonio, Texas. No definite information is obtainable as to 
the length of time their services will be required. As far as 
present indications may mean anything, it seems certain that they 
will not be mustered out for several months. 

The men of our guard who responded to the call of the President 
are citizens of our state and nearly all voters. I am informed by 
their commanding officers that they ask for the privilege of cast- 
ing their ballot at the general election in November. Every patri-" 
otic citizen desires to exercise that right on election day and it is 
a privilege that should be accorded to all qualified citizens, and 
especially to those patriotic men who responded to the call of the 
President for defenders of our country at a time when there was 
reason to believe that the situation in Mexico was serious and that 
the protection of American lives, as well as the dictates of humanity, 
required the presence of the American soldier in that territory. 

The right of giving the soldier the privilege to cast his ballot on 
the field, while in the service of the United States Army, is not 
a new one. It was given the soldier who served in the Union 
Army during the Civil War. The statute under which this right 
was exercised was, however, repealed by a subsequent legislature. 

I believe the rights of our soldiers should at all times be re- 
spected and that the matter above referred to is of sufficient 
importance to justify a special session of the legislature. 

Therefore, by virtue of the authority vested in me by the Consti- 
tution, I, Emanuel L. Philipp, Governor of Wisconsin, do hereby 
convene the legislature of this state in special session at the 
capitol, in the city of Madison, on Tuesday, October 10, 1916, at 
two o'clock in the afternoon, for the purpose of enacting such legis- 
lation as will permit citizens of the state of Wisconsin who are in 
the service of the United States Army, as well as others who are 
unable to cast their ballot because of absence from home, the right 



Session of 1916 113 

of their elective franchise. And the votes thus cast shall be counted 
as if the same had been cast in the election districts in which 
they reside. 

IN TESTIMONY WHEREOF I have hereunto set my hand 
and caused the Great Seal of the State of Wisconsin 
(Seal) to be affixed. Done at the Capitol in the city of 
Madison this third day of October, A. D. 1916. 
EMANUEL L. PHILIPP, 

Governor. 
By the Governor : 

JOHN S. DONALD, 
Secretary of State. 



Gentlemen of Senate and Assembly: 

I have called you to meet in special session to enact such legis- 
lation as may be found necessary to enable Wisconsin soldiers, 
who are serving in the United States Army on the Mexican fron- 
tier, to cast their ballot on election day. 

The right to exercise the elective franchise is guaranteed to every 
qualified citizen, and no one, therefore, should be denied this right 
because of the lack of the necessary machinery of the law to make 
it possible to exercise it. Our soldier boys who are serving our 
country on the Mexican frontier are entitled to our special con- 
sideration. In responding to the call of the President, and by 
their faithful service in the field they have proven themselves to 
be patriotic men who are entitled to every right of a citizen. 

I, therefore, urge you to promptly enact such legislation as will 
enable them to cast their ballot wherever they may be located 
on election day and have the same counted in the respective elec- 
tion districts where they reside. 

I desire to call your further attention to the law passed during 
the session of 1915, giving to citizens who are absent from their 
homes the right to cast their ballot by mail. Under the pro- 
visions of that statute it is necessary for the prospective voter 
to make personal application to the county, city, village or town 
clerk, as the case may be, for the ballot. It has been found that 
this provision makes the law inoperative in many cases, and there- 
fore of little value. In order to extend the privilege of voting to 
a greater number of citizens, especially students and travelers, I 
recommend that the law be amended so, that personal application 



114 Messages to the Legislature 

will not be necessary and that application by mail will be sufficient. 
This can be done without in any measure, interfering with the 
safety of the ballot and will be a favor to many voters who find it 
impossible to go to a county seat or to their place of residence to 
make the application that the law now requires. 

EMANUEL L. PHILIPP. 
October 10, 1916. Governor. 



EXECUTIVE COMMUNICATIONS. 

To the Honorable, the Assembly: 

The following bills, originating in the assembly, have been ap- 
proved, signed and deposited in the office of the Secretary of State : 

No. 2, 

An Act to create sections 11.69 to 11.82, inclusive, of the statutes, 
to permit electors absent on account of military service, to vote 
at general and certain special elections. 

Approved, October 11. 

No. 1, 

An Act to amend subsection (5) of section 5.11, relating to the 
time for printing the September primary ballot; subsections (1), 
(3), and (4) of section 5.25, relating to the time for holding 
primaries for special elections, the time for filing nomination pa- 
pers therefor, and to the time within which the secretary of state 
shall certify names to county clerks therefor; subsection (6) of 
section 5.26, relating to the time for filing independent nomination 
papers; section 5.27, relating to the time for holding town and 
village caucuses and for filing nomination papers in towns and 
villages; subsections (1) and (6) of section 6.19, relating to the 
time within which the secretary of state shall certify to county 
clerks names of nominees for November elections and transmit 
copies of proposed constitutional amendments; subsection (2) of 
section 7.04, relating to the time for holding special elections; 
and sections 11.54, 11.55, 11.56 and 11.57 of the statutes, relat- 
ing to voting by mail. 

Approved, October 11. 
Dated at Madison, Wisconsin, 
October 11, A. P. 1916. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 



Session of 1916 115 

Commutations of Sentence From the Wisconsin 
State Reformatory 

Bayles Owen — Convicted before the municipal court of Dane 
county, on the sixth day of May, 1916, of the crime of burglary in 
the night-time and sentenced to the state reformatory at Green 
Bay for the term of one year. On August 10, 1916, sentence 
was commuted to six months because of his youth and inexperience 
and his previous good character, and the further fact that his family 
bear an excellent reputation. 

Carol Standiford — Convicted before the circuit court for Ver- 
non county on the sixteenth day of March, 1916, of the crime of 
aiding in concealing stolen property and sentenced to the state 
reformatory at Green Bay for the term of one year. On August 
11, 1916, sentence was commuted to six months in order that it 
might be possible for him to enter school in the fall and for the 
further reason that this was his first offense and his mother is 
partly dependent upon him for support. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
December 31, 1916. Governor. 



To the Honorable, the Legislature: 

I have the honor to submit the following report of conditional 
pardons, pardons and commutations of sentence granted during 
the term beginning the first Monday in January, 1915, and end- 
ing on the first Monday in January, 1917, together with the 
reasons which controlled executive action, as required by section 
6, article V, of the constitution of the state of Wisconsin. 

Pardons to Restore Rights of Citizenship After 
Expiration of Sentence 

Harvey Gustavus — Convicted before the circuit court of Win- 
nebago county, on the twentieth clay of September, 1909, of the 
crime of assault, regardless of life, and sentenced to the state prison 
at Waupun for the term of seven }^ears. Pardon granted re- 
storing rights of citizenship, January 6, 1915. 

George Smithers — Convicted before the municipal court for 
Dane county, on the seventeenth day of July, 1890, of the crime 
of adultery and sentenced to state prison at Waupun for the term 



116 Messages to the Legislature 

of one year; and convicted before the municipal court for Dane 
county, on the thirteenth day of November, 1903, of the crime 
of assault with intent to kill, being armed, and sentenced to state 
prison at Waivpun for the term of five years. Pardon granted 
restoring rights of citizenship January, 1915. 

John Hubert — Convicted before the circuit court for Fond du 
Lac county on the seventh day of May, 1912, of the crime of 
adultery and sentenced to state prison at Waupun for the term 
of one year. Pardon granted restoring rights of citizenship Jan- 
uary 25, 1915. 

Daniel Bueceleisen — Convicted before the county court for La 
Crosse county, on the seventeenth day of September, 1908, of the 
crime of obtaining money under false pretenses and sentenced to 
state prison at Waupun for the term of three years. Pardon 
granted restoring rights of citizenship February 24, 1915. 

Joseph R. Davis — Convicted before the municipal court for 
Milwaukee county, on the twenty-seventh day of January, 1912, 
of the crime of adultery and sentenced to state prison at Waupun 
for the term of three years. Pardon granted restoring rights of 
citizenship March 1, 1915. 

Clyde Schult — Convicted before the circuit court for Rusk county, 
on the ninth day of March, 1912, of the crime of adultery and sen- 
tenced to state prison at Waupun for the term of two years. Par- 
don granted restoring rights of citizenship March 8, 1915. 

George Angenendt — Convicted before the municipal court for 
Kenosha county, on the fifth day of September, 1911, of the crime 
of assault and battery and sentenced to state prison at Waupun 
for the term of one year. Pardon granted restoring rights of 
citizenship March 8, 1915. 

John Fiscus — Convicted before the municipal court , for Dane 
county, on the nineteenth day of June, 1911, of the crime of 
burglary and sentenced to the state reformatory at Green Bay 
for the term of one year. Pardon granted restoring rights of 
citizenship March 20, 1915. 

Edwin C. Story — Convicted before the municipal court for 
Dane county, on the third day of December, 1908, of the crime of 
violation of banking laws and sentenced to state prison at Wau- 
pun for the term of five years. Pardon granted restoring rights 
of citizenship March 20, 1915. 

John Rogers — Convicted before the municipal court for Outa- 



Session of 1916 117 

gamie county, on the twenty-fifth day of November, 1912, of 
the crime of larceny from the person and sentenced to state re- 
formatory at Green Bay for the term of one and one-half years. 
Pardon granted restoring rights of citizenship March 31, 1915. 

Philip Mielhe — Convicted before the circuit court for Forest 
county, on the twenty-second day of April, 1913, of the crime of 
adultery and sentenced to state prison at Waupun for the term 
of one year. Pardon granted restoring rights of citizenship April 
6, 1915. 

Henry Day — Convicted before the circuit court for Marathon 
county, on the eighth day of March, 1902, of the crime of incest 
and sentenced to state prison at Waupun for the term of six years. 
Pardon granted restoring rights of citizenship April 15, 1915. 

Theodore Murchie — Convicted before the municipal court for 
Outagamie county, on the twenty-fifth day of November, 1912, of 
the crime of receiving stolen property and sentenced to state prison 
at Waupun for the term of one and one-half years. Pardon granted 
restoring rights of citizenship April 15, 1915. 

John 8. Erd — Convicted before the municipal court for Dane 
county, on the thirteenth day of July, 1912, of the crime of adul- 
tery and sentenced to state prison at Waupun for the term of one 
and one-half years. Pardon granted restoring rights of citizen- 
ship April 23, 1915. 

Richard Early — Convicted before the circuit court for St. Croix 
county, on the twenty-seventh day of March, 1912, of the crime of 
rape and sentenced to state prison at Waupun for the term of two 
years. Pardon granted restoring rights of citizenship April 30, 
1915. 

Robert Cartwright — Convicted before the county court for Wash- 
burn county, on the nineteenth day of February, 1913, of the crime 
of abduction under section 4387a and sentenced to state prison at 
Waupun for the term of four months. Pardon granted restoring 
rights of citizenship May 5, 1915. 

.4. R. Law — Convicted before the circuit court for Dane county, 
on the twenty-fifth day of September, 1912, of the crime of man- 
slaughter in the second degree and sentenced to state prison at 
Waupun for the term of six years. Pardon granted restoring 
rights of citizenship June 10, 1915. Eight to practice medicine 
and surgery restored January 13, 1916. 

Clarence Thornburg — Convicted before the circuit court for 



118 Messages to the Legislature 

Fond du Lac county, on the twenty-fourth day of May, 1913, of 
the crime of adultery and sentenced to state prison at Waupun 
for the term of one year. Pardon granted restoring rights of 
citizenship June 10, 1915. 

James Clark Nagle — Convicted before the circuit court for 
Oneida county, on the thirteenth day of December, 1906, of the 
crime of adultery and sentenced to state prison at Waupun for 
the term of three years. Pardon granted restoring rights of citi- 
zenship July 2, 1915. 

William A. Kaphen — Convicted before the municipal court for 
Dane county, on the thirtieth day of August, 1910, of the crime of 
forgery and sentenced to state reformatory at Green Bay for the 
term of five years. Pardon granted restoring rights of citizen- 
ship October 5, 1915. 

Otha Johnson — Convicted before the circuit court for Rich- 
land county, on the twenty-second day of April, 1908, of the 
crime of larceny from the person and sentenced to state reform- 
atory at Green Bay for the term of one year. Pardon granted 
restoring rights of citizenship November 9, 1915. 

Charles Gillotte — Convicted before the circuit court for Ken- 
osha county, on the twenty-first day of October, 1908, of the 
crime of highway robbery and sentenced to state prison at Wau- 
pun for the term of two years. Pardon granted restoring rights 
of citizenship November 9, 1915. 

John E. Smith — Convicted before the circuit court for Forest 
county, on the twenty-seventh day of October, 1911, of the crime 
of assault with intent to do great bodily harm and sentenced to 
state prison at Waupun for the term of one year. Pardon granted 
restoring rights of citizenship November 29, 1915. 

Milton Patten — Convicted before the circuit court for Rich- 
land county, on the twenty-third day of April, 1900, of the crime 
of seduction and sentenced to state reformatory at Green Bay for 
the term of two years. Pardon granted restoring rights of citizen- 
ship January 17, 1916. 

George T. Meehan — Convicted before the circuit court for Flor- 
ence county, on the second day of October, 1901, of the crime of 
robbery and sentenced to state reformatory at Green Bay for the 
term of five years. Pardon granted restoring rights of citizenship 
February 11, 1916. 

Albert Howell — Convicted before the circuit court for Florence 



Session of 1916 119 

county, on the twenty-second day of August, 1908, of the crime of 
larceny from the person and sentenced to the state reformatory at 
Green Bay for the term of one year. Pardon granted restoring 
rights of citizenship February 25, 1916. 

Joseph Bauer — Convicted before the municipal court for Rock 
county, on the eleventh day of September, 1907, of the crime of 
making an assault and larceny from the person, and sentenced to 
state prison at Waupun for the term of fifteen months. Pardon 
granted restoring rights of citizenship March 2, 1916. 

E. A. Blumm — Convicted before the municipal court for Rock 
county, on the twenty-third day of September, 1908, of the crime 
of assault with intent to commit rape and sentenced to state 
prison at Waupun for the term of two years. Pardon granted 
restoring rights of citizenship March 7, 1916. 

Henry Fort — Convicted before the district court for La Crosse 
county, on the third day of March, 1904, of the crime of robbery 
and sentenced to state prison at Waupun for the term of one and 
one-half years. Pardon granted restoring rights of citizenship 
March 8, 1916. 

Frank Shaha, Jr. — Convicted before the municipal court for 
Brown county, on the third day of December, 1913, of the crime 
of abandonment and sentenced to state prison at Waupun for the 
term of one year. Pardon granted restoring rights of citizenship 
March 21, 1916. 

John Considine — Convicted before the circuit court for Grant 
county, on the seventh day of September, 1911, of the crime of 
robbery and sentenced to state prison at Waupun for the term of 
one year. Pardon granted restoring rights of citizenship March 
18, 1912. 

William Hughes — Convicted before the circuit court for Douglas 
county, on the fifth day of December, 1899, of the crime of murder 
in the first degree and sentenced to state prison at Waupun for the 
term of his natural life. On December 23, 1913, sentence was 
commuted to a term of twenty-eight years and on March 5, 1915, 
a final discharge was granted. Pardon granted restoring rights 
of citizenship March 21, 1916. 

Mike Kosmatka — Convicted before the county court for Portage 
count}', on the twenty-ninth day of April, 1906, of the crime of 
larceny and sentenced to state prison at Waupun for the term of 



120 Messages to the Legislature 

eleven months. Pardon granted restoring rights of citizenship 
April 3, 1916. 

George D. Foss — Convicted before municipal court for Dane 
county, on the seventeenth day of February, 1913, of the crime 
of abandonment and sentenced to state prison at Waupun for 
the term of eighteen months. Pardon granted restoring rights of 
citizenship April 3, 1916. 

E. C. Alton — Convicted before the circuit court for Monroe 
county, on the fifth day of March, 1912, of the crime of forgery 
and sentenced to state prison at Waupun for the term of one 
year. Pardon granted restoring rights of citizenship April 11, 
1916. 

Ernest Jerome — Convicted before the circuit court for Monroe 
county, on the twenty-ninth day of April, 1911, of the crime of 
adultery and sentenced to state prison at Waupun for the term of 
two years. Pardon granted restoring rights of citizenship May 
2, 1916. 

James Sweeney — Convicted before the circuit court for Fond du 
Lac county, on the twenty-fourth day of October, 1910, of the crime 
of larceny from the person and sentenced to state prison at Wau- 
pun for the term of two years. Sentence was suspended and the 
defendant placed on probation. Probation violated February 22, 
1912, and defendant was sent to prison. Pardon granted restor- 
ing rights of citizenship May 5, 1916. 

Andrew R. Johnson — Convicted before the circuit court for 
Waukesha county, on the eleventh day of August, 1910, of the 
crime of burglary and sentenced to state prison at Waupun for 
the term of five years. Pardon granted restoring rights of citizen- 
ship June 13, 1916. 

James Elkey — Convicted before the circuit court for Outa- 
gamie county, on the twenty-eighth day of April, 1884, of the 
crime of larceny and sentenced to state prison at Waupun for 
the term of nine months. Pardon granted restoring rights of 
citizenship June 13, 1916. 

Charles Schiewitz — Convicted before the municipal court for 
Milwaukee county, on the twenty-fourth day of November, 1913, 
of the crime of keeping house of ill-fame and keeping premises 
for unlawful purposes, and sentenced to Milwaukee county house 
of correction for the term of six months, or pay a fine of two 



Session of 1916 121 

hundred and fifty dollars. Pardon granted restoring rights of 
citizenship June 28, 1916. 

Joe Obry — Convicted before municipal court for Milwaukee 
county, on the seventh day of September, 1909, of the crime of 
indecency and sentenced to Milwaukee county house of correction 
for the term of two years. Pardon granted restoring rights of 
citizenship Jury 6, 1916. 

M. B. Magaurn — Convicted before the circuit court for Florence 
county, on the twenty-fifth day of May, 1916, of the crime of as- 
sault and battery with intent to do great bodily harm, and sen- 
tenced to pay a fine of two hundred dollars and costs. Pardon 
granted restoring rights of citizenship August 2, 1916. 

Nick Scliommer — Convicted before the Superior court for Doug- 
las county, on the eleventh day of October, 1910, of the crime of 
assault with intent to kill and sentenced to state prison at Waupun 
for the term of five years. Pardon granted restoring rights of 
citizenship August 21, 1916. 

Fred K. Semisch — Convicted before the circuit court for Eau 
Claire county, on the twenty-eighth day of September, 1910, of the 
crime of arson and sentenced to state prison at Waupun for the 
term of one year. Pardon granted restoring rights of citizenship 
September 1, 1916. 

Joseph A. Rank — Convicted before the municipal court for Mani- 
towoc county, on the twelfth day of June, 1913, of the crime of 
embezzlement, and sentenced to state prison at Waupun for the 
term of twenty months. Pardon granted restoring rights of citi- 
zenship September 1, 1916. 

Frank T. Wagner — Convicted before the circuit court for Dane 
county, on the thirty-first day of July, 1911, of the crime of per- 
jur}', and sentenced to state prison at Waupun for the term of 
three years. Pardon granted restoring rights of citizenship Sep- 
tember 1, 1916. 

0. N. Rowley — Convicted before the municipal court for Dane 
county, on the first day of April, 1912, of the crime of adultery, 
and sentenced to state prison at Waupun for the term of two 
years and six months. Pardon granted restoring rights of citizen- 
ship September 12, 1916. 

John Park Baker — Convicted before the municipal court for 
Marathon county, on the nineteenth day of July, 1909, of the 
crime of forgery, and sentenced to state prison at Waupun for 



122 Messages to the Legislature 

the term of three years. Pardon granted restoring rights of citi- 
zenship September 19, 1916. 

Robert Zimmerman — Convicted before the circuit court for Lin- 
coln county, on the seventeenth day of November, 1909, of the 
crime of setting a gun, and sentenced to state prison at Waupun 
for the term of five years. Pardon granted restoring rights of 
citizenship October 13, 191(5. 

George Pappus — Convicted before the circuit court for Lincoln 
county, on the twelfth day of April, 1912, of the crime of pander- 
ing, and sentenced to state prison at Waupun for the term of four 
years. Pardon granted restoring rights of citizenship October 
13, 1916. 

Clarence Titus — Convicted before the municipal court for Dane 
county, on the seventh day of October, 1914, of the crime of grand 
larceny, and sentenced to state prison at Waupun for the term 
of one year. Pardon granted restoring rights of citizenship No- 
vember 3, 191G 

Mary Hajfner — Convicted before the municipal court for Milwau- 
kee county, on the thirteenth day of November, 1915, of the crime 
of keeping a house of ill-fame, and sentenced to pay a fine of three 
hundred dollars and costs. Pardon granted restoring rights of 
citizenship November 26, 1916. 

John Haffner — Convicted before the municipal court for Mil- 
waukee county, on the thirteenth day of November, 1915, of the 
crime of keeping a house of ill-fame, and sentenced to pay a fine 
of two hundred dollars and costs. Pardon granted restoring rights 
of citizenship November 26, 1916. 

Absolute Pardons From the State Prison at Waupun 

Fred BehnJce — Convicted before the municipal court for Dane 
county, on the seventh day of October, 1914, of the crime of 
larceny and sentenced to the Wisconsin state prison at Waupun 
for the term of one year. Upon the representation that the fami- 
ly was in great need and needed the support of Behnke absolute 
pardon was granted to take effect March 6, 1915. 

John F. Polley — Convicted before the municipal court for Outa- 
gamie county, on the twenty-first day of October, 1912, of the crime 
of embezzlement and sentenced to the state prison at Waupun for 
the term of four years. Polley was paroled August 8, 1914. 
The restrictions of his parole made it impossible for him to hold 



Session of 1916 123 

his position. He was desirous of making restitution to the parties 
from whom he had embezzled funds. The pardon application was 
endorsed and favored by the parties from whom he embezzled. 
Pardon was granted June 24, 1915. 

A. M. Baker — Convicted before the municipal court for Green 
country, on the seventh day of October, 1914, of the crime of adultery 
and sentenced to the state prison at Waupun for the term of one 
year. It was represented that he had been sufficiently punished 
and that a pardon would allow him to provide for those that were 
dependent upon him. Therefore the pardon was granted July 2, 
1915. 

Burt McLain — Convicted before the circuit court for Forest 
county, on the twenty-sixth day of September, 1912, of the crime 
of rape and sentenced to the state prison at Waupun for the term 
of thirteen years. From the testimony it appeared that the de- 
fendant was a victim of circumstances and that there was a grave 
doubt as to his guilt. The penalty was excessive. His record 
while in prison was good. Absolute pardon was granted July 15, 
1915. 

George Jolinson — Convicted before the circuit court for Lincoln 
county, on the twenty-third day of April, 1912, of the crime of 
forgery and sentenced to the state prison at Waupun for the term 
of three years. Johnson was paroled October 25, 1914. Upon a 
petition signed by prominent business men application for pardon 
was filed by Ralph E. Smith. Representation was made that the 
sentence was excessive, that he had been sufficiently punished and 
that he had conducted himself in an excellent manner while in 
prison. Absolute pardon was granted July 25, 1915. 

Alex Greves — Convicted before the circuit court for Milwaukee 
county, on the third day of November, 1913, of the crime of rape 
and sentenced to state prison at Waupun for the term of ten years. 
Testimony at the pardon hearing showed there was a grave doubt 
as to his guilt upon the charge of rape, it appearing probable that 
the offense of which he was guilty was adultery and that he had 
been sufficiently punished for this latter offense. Absolute pardon 
was granted August 12, 1915. 

Hattie Olson — Convicted before the municipal court for Dane 
count}*, on the second day of June, 1915, of the crime of fornica- 
tion and sentenced to state prison at Waupun for the term of one 
year. Upon the representation that a home. would be given to 



124 Messages to the Legislature 

her and that she had been sufficiently punished for the offense 
committed absolute pardon was granted October 14, 1915. 

Harry W. Hines — Convicted before the county court for Dunn 
county, on the sixth day of July, 1915, of the crime of embezzle- 
ment and sentenced to the Wisconsin state prison for the term of 
one year. The judge and the district attorney recommended execu- 
tive clemency. The prisoner's health was very poor and it was 
feared he would become a physical wreck if not released. The 
money that was embezzled was used to pay debts and support him- 
self and family. For the reasons given an absolute pardon was 
granted November 11, 1915. 

John Mullin — Convicted before the municipal court for Eock 
county, on the twelfth day of October, 1914, of the crime of for- 
gery and sentenced to state prison at Waupun for the term of 
three years. Pardon application was made by John L. Fisher of 
Janesville. The judge who presided at the trial recommended a 
pardon. The sentence being excessive for the crime committed. 
Absolute pardon was granted December 10, 1915. 

Augusta Schultz — Convicted before the circuit court for Sauk 
county, on the twenty-sixth day of September, 1913, of the crime 
of adultery and sentenced to the state prison at Waupun for the 
term of three years. Sentence was suspended and she was placed 
on probation. She was discharged from probation December 14, 
1915. Because of her exemplary conduct while on probation and 
for the reason that she had been discharged by the board of con- 
trol this pardon application was granted on February 1, 1916, in 
order that she might be restored to citizenship. 

Agnes Penkosky — Convicted before the circuit court for Mar- 
inette county, on the eighteenth day of September, 1915, of the 
crime of adultery and sentenced to the state prison at Waupun 
for the term of one year. The board of control favored the grant- 
ing of a pardon for the reason that the woman was pregnant and 
in order that the child might not be stigmatized by prison birth 
absolute pardon was granted February 17, 1916. 

Nick Salo — Convicted before the circuit court for Ashland 
county, on the seventeenth day of July, 1915, of the crime of 
burglary and sentenced to the state prison at Waupun for the 
term of two years and three months. There appeared to be a 
grave doubt as to whether or not Salo was guilty of the crime for 



Session of 1916 125 

which he was sentenced. Absolute pardon was granted April 13, 
1916. 

BurJchard Bram — Convicted before the circuit court for Green 
county, on the 20th clay of March, 1883, of the crime of murder in 
the first degree and sentenced to the Wisconsin state prison for 
the term of life. In 1913 Bram was paroled. There appears to 
be a question as to whether Bram was entirely to blame for the 
murder which he committed. The wife of the murdered man 
seems to have been infatuated with Bram and to have laid the 
plans for the murder of her husband. Bram was a native of 
Switzerland and had been in this country but two years and was 
evidently under the influence of this woman, who was ten years 
his senior. Both Bram and the woman were sentenced to state 
prison for life, the woman dying in the prison. It is stated that 
before her death she made a complete confession, giving what she 
stated was a true statement of fact. She claimed to have planned 
the murder in which both Bram and herself participated. The 
board of control joined in the request for executive clemency. 
Absolute pardon was granted May 20, 1916. 

Ed Yulander* — Convicted before the Superior court for Douglas 
county on the thirtieth day of March, 1916, of the crime of assault 
with intent to rob and sentenced to Wisconsin state prison for the 
term of one year. The district attorney requested pardon for this 
man for the reason that it had been determined that Yulander 
was innocent of the crime for which he was sentenced. It appears 
that when brought before the court he was suffering from delirium 
tremens and did not realize the crime with which he was charged. 
He plead guilty and it was not until sometime later while confined 
in the prison that he demanded to know the reason for his im- 
prisonment. Upon being informed as to the crime for which he 
had been convicted he claimed to be able to prove an albi. The 
district attorney was informed as to the facts and upon making 
an investigation satisfied himself that the statements made by 
Yulander were correct. Absolute pardon was granted July 14, 
1916. 

Joseph Ladd — Convicted before the municipal court for Mara- 
thon county, on the twenty-sixth day of October, 1909, of the crime 
of burglary and sentenced to the state prison at Waupun for the 
term of twelve years. The prison physician's report shows that 
Ladd was suffering from heart and stomach trouble. In order 



126 Messages to the Legislature 

that he might receive the medical attention and care necessary 
absolute pardon was granted July 18, 1916. 

William II. Kentierd— Convicted before the circuit court for 
Forest county on the thirteenth day of April, 1916, of the crime 
of obtaining money under false pretenses and sentenced to the state 
prison at AVaupun for the term of one year. Kennerd had served 
a prior sentence upon the same charge. The judge when passing 
sentence stated that lie was taking into consideration the several 
crimes which Kennerd had committed and was giving him a 
sentence which he believed to be commensurate with the crimes. 
Upon his release from prison Kennerd was again arrested upon 
one of the old charges and again sentenced to state prison. Be- 
lieving that this was imprisonment twice for the same offense 
absolute pardon was granted August 10, 1916. 

Caroline Patzer — Convicted before the circuit court for Wau- 
paca county, on the first day of July, 1913, of the crime of murder 
in the third degree and sentenced to the state prison at Waupun 
for the term of nine years. The testimony discloses the fact that 
Mrs. Patzer, was subjected to the most cruel treatment by her 
husband. Because of the circumstances surrounding the commis- 
sion of this crime and because of the physical condition of Mrs. 
Patzer, and for the further reason that her children will provide 
her a comfortable home for the balance of her life, and in view 
of the fact that her record in prison has been perfect, an absolute 
pardon was granted August 22, 1916. 

Robert Cashmcm — Convicted before the circuit court for Wash- 
burn county, on the twelfth day of April, 1915, of the crime of 
burglary and sentenced to the state prison at Waupun for the term 
of two years. The parole officer and the board of control recom- 
mended a pardon for the reason that the family is sadly in need 
of support, that a good position has been promised him where he 
will be able to secure good wages and support the family. Be- 
cause of the facts stated and for the further reason that his con- 
duct has been exceptionally good, absolute pardon was granted 
September 9, 1916. 

Lester Pe rham — Convicted before the circuit court for Monroe 
county, on the third day of June, 1914, of the crime of burglary 
and sentenced to the state prison at Waupun for the term of three 
years. His term would have expired December 3, 1916. While 
on parole he enlisted and was accepted in the National Guard in- 



Session of 1916 127 

tending to go to the Mexican border. It was necessary to restore 
his civil rights in order for him to take the federal oath. His 
record while in prison and likewise while on parole was good. 
Absolute pardon was granted October 18, 1916. 

Alfred Schurig — Convicted before the municipal court for Mil- 
waukee county, on the tenth day of February, 1915, of the crime 
of forgery and sentenced to the state prison at Waupun for the 
term of three years. Schurig conducted a correspondence school 
in the city of Milwaukee. Through misrepresentation and forged 
papers he succeeded in borrowing sums of money from many poor 
people. Upon his arrest and conviction he left a wife with a 
family of children in most destitute circumstances. The wife has 
struggled to keep the little family together and has made most 
urgent and piteous appeals for the return of her husband. 
Schurig's record while in prison has been good. Believing that 
he has learned his lesson and that he will never again sin against 
society absolute pardon was granted December 20, 1916. 

Absolute Pardons from the State Reformatory at 
Green Bay. 

Jesse Hogue — Convicted before the county court of Trempea- 
leau county, on the twenty-eighth day of January, 1915, of the 
crime of extortion, and sentenced to the Wisconsin state reforma- 
tory at Green Bay for the term of one year. It appears that it 
was the intention to play a practical joke and that there was no 
thought or intention of committing a crime. Absolute pardon was 
granted October 14, 1915. 

John Klaboe — Convicted before the municipal court for Mil- 
waukee county, on the fifth day of February, 1915, of the crime 
of receiving stolen property and sentenced to the state reformatory 
at Green Bay for the term of one year. He served thirty days 
in jail before he was sentenced to Green Bay. His parents are 
very poor and are dependent on him for support, a brother, upon 
whom the family previously depended, having died on December 
19th. Having but one month more to serve an absolute pardon 
was granted December 22, 1915. 

Joseph Young — Convicted before the municipal court for Mil- 
waukee county, on the 26th day of July, 1915, of the crime of 
larcenv of an automobile and sentenced to the state reformatory 



128 Messages to tile Legislature 

at Green Bay for the term of one year. Young is a cripple, hav- 
ing lost both his legs. An absolute pardon was granted February 
1, 1916, in order that he might receive proper medical attention. 

Russell Bowman — Convicted before the municipal court for Mil- 
waukee county, on the twelfth day of December, 1914, of the 
crime of assault and theft and sentenced to the state Keforma- 
tory at Green Bay for the term of three years. It was represented 
that the family of Bowman, who lived in Ohio, were most esti- 
mable people. The young man was paroled in order that he might 
go to the home of his mother. While on parole he made applica- 
tion for a pardon in order that he might enlist in the National 
Guard of Ohio for the purpose of going to the Mexican border. 
Affidavit of Sergeant W. A. Snow and certificate of Lieutenant J. 
E. Taylor is on file stating that Bowman joined the National 
Guard. Absolute pardon was granted June 13, 1916. 

J. A. Jenhs — Convicted before the municipal court of Chippewa 
county, on the nineteenth day of February, 1916, of the crime of 
polygamy and sentenced to the Wisconsin state reformatory for 
the term of three years. It was stated that Jenks was addicted 
to the use of drugs which, it is believed, affected his mind. While 
in prison the drug habit has been corrected. A petition was filed 
setting forth the fact that Jenks was cook for Company E of the 
Wisconsin National Guard. W'hen the Eau Claire company was 
called into the federal service the captain of the company was un- 
able to secure a suitable man to take the position of cook and re- 
quested that a pardon be granted to Jenks in order that he might 
be with the company on the Mexican border. Absolute pardon 
was granted July 11, 1916. 

Mike Bautcli — Convicted before the circuit court of Trempea- 
leau county, on the twenty-fourth day of April, 1915, of the crime 
of burglary, and sentenced to the Wisconsin state reformatory for 
the term of one year. It was represented that the sentence was 
excessive for the crime committed and that Bautch had served a 
sufficient time. It is believed that he will not again commit a 
similar offense. Absolute pardon was granted December 14, 1916. 

William H. Oilman — Convicted before the circuit court for Fond 
du Lac county, on the nineteenth day of June, 1914, of the crime 
of burglary and sentenced to the state reformatory at Green Bay 
for the term of four years. The former employer of Gilman, to- 
gether with other prominent citizens of Fond du Lac, where Gil- 



Session of 1916 129 

man resided, recommended executive clemency. Absolute pardon 
was granted December 7, 1916. 

Absolute Pardons Milwaukee County House of Correction . 

Otto A. Borth — Convicted before the municipal court for Mil- 
waukee county, on the eighteenth day of March, 1915, of the crime 
of embezzlement and sentenced to the Milwaukee county house of 
correction for the term of one year and six months. At the hear- 
ing it was shown that the prisoner had borne a good record and 
had never been guilty of a previous offense. Borth had no inten- 
tion of defrauding but had expected to refund the money taken. 
Upon the promise that Borth return to his parents and refund 
the money embezzled absolute pardon was granted February 16, 
1915. 

William Hegebarth — Convicted before the district court for Mil- 
waukee county, on the eighteenth day of March, 1915, of the crime 
of carrying concealed weapon and sentenced to the Milwaukee 
county house of correction for the term of ninety days. Family 
in destitute circumstances, and for the reason that he had been 
sufficiently punished absolute pardon was granted April 9, 1915. 

Otto Dolgner — Convicted before the municipal court for Mil- 
waukee county, on the twenty-ninth day of March, 1911, of the 
crime of having taken indecent liberties with a female child of the 
age of six years, and sentenced to the Milwaukee county house of 
correction for the term of two years. Upon conviction on the 
above charge Dolgner appealed to the supreme court, furnishing 
a bail bond. The case was not pushed and the situation was not 
disclosed until the clerk of the court discovered the bail money to 
his credit in the bank. Dolgner was arrested and brought into 
court. It appeared that during this interim he had married and 
had led an upright and honest life and had the confidence and re- 
spect of his employer. For the reasons given an absolute pardon 
was granted January- 4, 1916. 

George Schmidt— Convicted before the municipal court for Mil- 
waukee county, on the twelfth day of November, 1914, of the crime 
of forgery and sentenced to the Milwaukee county house of correc- 
tion for the term of two years. It appears that Schmidt was in 
jail four months before sentence was pronounced. No credit was 
given him for this time. In order that he might have a half 
credit for this time an absolute pardon was granted June 13, 1916. 



130 Messages to the Legislature 

George Bergmann — Convicted before the municipal court for 
Milwaukee county, on the first day of May, 191(5, of the crime of 
taking indecent liberties with a minor and sentenced to Milwau- 
kee county house of correction for the term of ninety days. Abso- 
lute pardon was granted July 21, 1916 for the purpose of restoring 
the rights of citizenship. 

Ludell Miller — Convicted before the municipal court for Mil- 
waukee county, on the fifteenth day of April, 1916, of the crime 
of assault with intent not found and sentenced to the Milwaukee 
county house of correction for the term of one year. This woman 
was leading an immoral life and giving her husband a large por- 
tion of the proceeds, which he spent on other women. She was 
subjected to great abuse on the part of her husbband and had a 
great deal of provocation for the crime committed. In view of all 
facts, she had been sufficiently punished and absolute pardon was 
granted October 12, 1916. 

John Loraine — Convicted before the municipal court for Mil- 
waukee county, on the nineteenth day of June, 1916, of the crime 
of larceny, and sentenced to the Milwaukee county house of cor- 
rection for the term of two years. A certificate from the inspector 
shows the applicant is becoming blind. The judge and the dis- 
trict attorney both recommend a pardon, in order that Loraine 
might be given an opportunity to receive treatment for his eyes. 
Absolute pardon was granted November 22, 1916. 

Frank- Merhel — Convicted before the municipal court for Mil- 
waukee county, on the twenty-second day of March, 1915, of the 
crime of obtaining money and property under false pretenses, and 
sentenced to the Milwaukee county house of correction for the term 
of one year and six months. On April 14, 1915, a conditional 
pardon was granted with the following provision : That Merkel 
immediately take up bis residence in Milwaukee county, remain 
there during the period of his sentence, report immediately to the 
chief of police of Milwaukee, that he conduct himself as a peace- 
able and law-abiding citizen, that within sixty days he pay to the 
Germani a National Bank ten dollars and that he continue to pay 
a like sum each month thereafter until overdraft to the bank is 
paid, that he report in writing to the chief of police on each Satur- 
day until the expiration of sentence. At the pardon hearing it 
was represented that he had lived up to all of the conditions im- 
posed and that he had so conducted himself as to be worthy of 



Session of 1916 131 

confidence and consideration. Absolute pardon was granted May 
9, 1916, in order that he might be restored to full rights of citi- 
zenship. 

Absolute Pardons from the Industrial School for Girls. 

Clara Kanieshi — Convicted before the county court for Portage 
county, on the twelfth day of January, 1914. of the crime of 
larceny and sentenced to Wisconsin industrial school for girls at 
Milwaukee for the term of her minority. There were extenuating 
circumstances in connection with the crime and in the belief that 
she had served a sufficient length of time and that it was for the 
best interest of the girl's future that she return to her parents* 
care an absolute pardon was granted. 

Marie Schwenkert — Convicted before the municipal court for 
Dane county, on the sixteenth day of July. 1914, of the crime of 
delinquency and sentenced to the Wisconsin industrial school for 
girls at Milwaukee for the full period of her minority. She had 
never been accused of any crime other than delinquency. Her 
husband, who was instrumental in having her sent to the industrial 
school, applied for her release. Absolute pardon was granted July 
15, 1915. 



Absolute Pardon from the Industrial School for Boys. 

Edward Stelter — Convicted before the municipal court for Dane 
county, on the sixth day of April, 1916, of the crime of incor- 
rigibility and sentenced to Wisconsin industrial school for boys 
for the full period of his minority. It was a question whether the 
environment of the boy was not responsible for the commission of 
the crime charged. The lad was sentenced without a trial. 
Previous to this time he had borne a good reputation. The belief 
is that the court erred and absolute pardon was granted May 5. 
1916. 

Arthur Bullock — Convicted before the municipal court for Dane 
county, on the sixth day of April, 1916, of the crime of incor- 
rigibility and sentenced to Wisconsin industrial school for boys for 
the full period of his minority. This lad was arrested with 
Edward Stelter and the conditions surrounding him were precisely 
the same as above related. Absolute pardon was granted May 5. 
1916. 



132 Messages to the Legislature 

George Adler — Convicted before the municipal court for Dane 
county, on the sixth day of April, 1916, of the crime of burglary 
and sentenced to the Industrial School for boys for the term of his 
minority. This was the lad's first offense. He had borne a good 
reputation and upon the assurance that the mother will look out 
for him absolute pardon was granted August 22, 1916. 

Absolute Pardons from County Jails. 

Walter Kurtz — Convicted before the justice court for Columbia 
county on the twenty-ninth day of October, 1914, of the crime of 
assault and battery and sentenced to the Columbia county jail for 
the term of four months. It was represented that his family 
needed his support and because he had received sufficient punish- 
ment for the crime committed and all interested parties urged 
clemency, an absolute pardon was granted January 27, 1915. 

Wallace Smith — Convicted before the municipal court for 
Outagamie county on the twenty-ninth day of December, 1914, 
of the crime of assault with intent to do great bodily harm and 
sentenced to pay a fine of one hundred dollars, in default of pay- 
ment of the same to imprisonment in the Outagamie county jail 
for the term of four months. For the reason that he had nearly 
completed his sentence and his family needed his support absolute 
pardon was granted March 6, 1915. 

Bessie Aiken — Convicted before the municipal court for Dane 
county, on the twenty-fifth day of May, 1915, of the crime of 
adultery and sentenced to the Dane county jail for the term of 
six months. From affidavits on file it was represented that she 
was in a tubercular condition and needed medical attention. Abso- 
lute pardon was granted August 9, 1915. 

Joe Miller — Convicted before the municipal court for Dane 
county, on the third day of January, 1916, of the crime of petit 
larceny and sentenced to the Dane county jail for the term of six 
months. The judge who sentenced Miller recommended that he be 
pardoned, for the reason that he had a good position awaiting him 
and in view of the further fact that he had served one-half of his 
time and been a model prisoner. Absolute pardon was granted 
April 7, 1916. 

John Schwartz — Convicted before the justice court for Burnett 
county, on the twenty-eighth day of July, 1916, of the crime of 



Session of 1916 133 

assault and sentenced to the county jail of Burnett county for the 
term of ninety days. The family has been reconciled to each other 
and the wife is anxious to have her husband released. The dis- 
trict attorney and the justice who sentenced him recommended 
clemency. Absolute pardon was granted September 28, 1916. 

W. J. Rutlier, alias William Allen — Convicted before the 
municipal court, for Dane county on the eleventh day of February, 
1915, of the crime of working confidence game, and sentenced 
to the Dane county jail for the term of six months. On June 3, 
1915, a conditional pardon was granted. On August 19, 1915, 
the case was re-opened, for the reason that the family, who re- 
sided in Chicago, were in destitute circumstances and desired his 
return, an absolute pardon was granted. 

Absolute Pardons Miscellaneous. 

Raymond Ebersol — Convicted before the municipal court for 
Milwaukee county, on the first day of November, 1914, of the crime 
of larceny and sentenced to be placed on probation in charge of 
Theodore Puis for the term of three years. A pardon was recom- 
mended by the judge, the district attorney and probation officer 
for the purpose of restoring the rights of citizenship. Absolute 
pardon granted February 10, 1916. 

Conditional Pardons from Wisconsin State Prison. 

Curt Garden Von Knobelsdorf — Convicted before the municipal 
court of Milwaukee county, on the eighth day of March, 1915, of 
the crime of forgery and uttering and sentenced to Wisconsin 
state prison at Waupun for the term of two years. Penalty was 
excessive. The prisoner was a victim of circumstances. Von 
Knobelsdorf was of excellent German stock and executive clemency 
was asked by prominent and influential German citizens. A con- 
ditional pardon was granted March 26, 1915, the conditions being 
that he reside in Milwaukee county, report forthwith to the chief 
of police of Milwaukee, conduct himself in a law-abiding manner, 
and that he further report to the chief of police every Saturday 
until March 8, 1917, and abide by such rules and regulations as 
Emil von Schleinitz may provide. 

Von Knobelsdorf violated the conditions of his parole by leav- 



134 Messages to the Legislature 

ing the state without permission and taking up his residence with 
the wife of a man whom he had previously wronged. The condi- 
tional pardon was revoked June 24, 1915, and von Knobelsdorf 
was returned to the state prison at Wanpun to complete his 
original sentence. 

A. W. White — Convicted before the circuit court for Portage 
county, on the sixteenth day of September, 1914, of the crime of 
embezzlement and sentenced to state prison at Waupun for the 
term of three years. White pleaded guilty to the offense upon the 
advice of his attorney. The crime committed was at law a techni- 
cal one. Before conviction he made full restitution to his, employer 
for the amount embezzled, and the understanding at the time he 
plead guilty was that he would receive a sentence but the sentence 
would be suspended and he would be placed on probation. This 
was done. He violated the conditions of his probation by becom- 
ing intoxicated. It would appear that he had learned his lesson 
and that the intent of the judge at the time of imposing sentence 
will be best subserved by granting a conditional pardon. Condi- 
tional pardon was granted June 9, 1915, the conditions being that 
White abstain absolutely from the use of intoxicating liquors, that 
he conduct and demean himself as a honorable and law-abiding 
citizen. 

Bertha Luther — Convicted before the circuit court for Waupaca 
county, on the third day of February, 1915, of the crime of adultery 
and sentenced to the state prison at Waupun for the term of one 
year. It would appear that she had been sufficiently punished, the 
court at the time of sentence stated that the husband was the 
principal offender. Conditional pardon granted August 17, 1915, 
conditions being that she re-marry Gustav Luther before leaving 
prison and refrain from the use of intoxicating liquors. 

Gustav Luther — Convicted before the circuit court for Waupaca 
county, on the third day of February, 1915, of the crime of adultery, 
and sentenced to the state prison at Waupun for the term of three 
years. It is believed that the ends of justice would be best sub- 
served by granting this conditional pardon. The term of his wife 
Bertha Luther is about completed and if he is not released she will 
become a public charge. Conditional pardon was granted August 
17, 1915, conditions being that before leaving prison he marry 
Bertha Luther and abstain absolutely from the use of intoxicating 
liquor. 



Session of 1916 135 

Leon Showalier — Convicted before the circuit court for Grant 
county on the 25th day of October, 1910, of the crime of rape, and 
sentenced to the state prison at Waupun for the term of fourteen 
years. From facts presented at the pardon hearing it was deter- 
mined that all of the circumstances in connection with the case 
were not brought out at the trial. For this reason it appeared that 
the sentence was excessive. Conditional pardon was granted Oc- 
tober 14, 1915, the conditions being that Showalter abstain from 
the use of intoxicating liquors, that he keep away from Lancaster 
and Platteville, Wisconsin, and that he should not molest his 
wife and daughter. 

Curtis Siegel — Convicted before the circuit court for Columbia 
county on the eleventh day of December, 1912, of the crime of re- 
sisting an officer and sentenced to state prison at Waupun for the 
term of three years. The evidence discloses the fact that the officer 
who attempted to arrest Siegel was unduly rough and severe. 
This treatment evidently caused Siegel to commit the crime with 
which he was charged. Under these circumstances the punishment 
has been sufficient and on October 14, 1915, a conditional pardon 
was granted, the conditions being that Siegel refrain from the use 
of all intoxicating liquors. In March, 1916, complaint was made 
by the chief of police of Ripon, Wisconsin, that Siegel was violating 
the conditions of his parole, that he had been in an intoxicated con- 
dition several times in Ripon, Wisconsin. Siegel was given a hear- 
ing on the charge and on April 7, 1916, the conditional pardon 
was revoked and upon the same date a new conditional pardon was 
granted, the conditions being that Siegel refrain from the use of 
intoxicating liquors, that one week from the seventh of April, 1916, 
he buy a ticket to Stockton, Kansas (Kansas prohibiting the sale of 
liquor) where he had an aunt who owned a large farm and who 
promised to give him employment. That upon his arrival in Stock- 
ton, Kansas, he advise the Governor and that he make a monthly 
report, in writing, to the Governor for a period of one year. 

Frederick J. Wildes — Convicted before the municipal court for 
Milwaukee county, on the twelfth day of June, 1915, of the crime 
of embezzlement, and sentenced to the state prison at Waupun for 
the term of one year. Executive clemency was recommended by 
Judge Belden of Racine, the trial judge, likewise by Judge Backus 
of Milwaukee. A letter from E. C. Kropp Company of Racine 
whose funds were embezzled recommended that he be pardoned. 
Full restitution of the funds taken having been made, on November 



136 Messages to the Legislature 

11, 1915, a conditional pardon was granted, the condition being that 
Wildes shall not again engage in the loan business. 

John Dorsey — Convicted before the municipal court for Eock 
county, on the twenty-ninth day of September, 1914, of the crime 
of drunkenness and sentenced to the state prison at Waupun for 
a term of two and one-half years. It would appear that the sen- 
tence was excessive. Conditional pardon granted December 10, 

1915, conditions being that Dorsey abstain from the use of all 
intoxicating liquors and conduct himself as a peaceable and law- 
abiding citizen. 

Dora Wellhome — Convicted before the municipal court for Outa- 
gamie county, on the first day of June, 1914, of the crime of keeping 
house for unlawful purposes and sentenced to the state prison at 
Waupun for the term of three years. It was represented that the 
health of Dora Wellhouse was failing rapidly. Many prominent 
citizens requested her conditional pardon. On February 10, 1916, 
a conditional pardon was granted, the conditions being that she 
lead a moral life and conduct herself as a good, law-abiding citizen. 

Annie Sunderland — Convicted before the circuit court for Chip- 
pewa county, on the twenty-first day of January, 1911, of the crime 
of murder in the second degree and sentenced to the state prison 
at Waupun for the term of fifteen years. The matron of the prison, 
the secretary of Associated Charities at Chippewa Falls and the 
superintendent of the Society for the Friendless all recommended 
executive clemency. Believing she had been sufficiently punished 
and acting upon the suggestions of those who were personally ac- 
quainted with her and are best qualified to judge, a conditional 
pardon was granted on April 13, 1916, the conditions being that 
Annie Sunderland lead a moral, upright life and abstain from the 
use of alcoholic liquors and devote herself to her family. 

Michael J. Peterson — Convicted before the circuit court for 
Trempealeau county, on the seventh day of January, 1913, of the 
crime of arson, and sentenced to state prison at Waupun for the 
term of ten years. Petition was filed signed by all the jurors who 
sentenced Peterson, together with many letters from prominent 
residents of Trempealeau county, requesting executive clemency. 
Believing that he had been sufficiently punished and that in the 
future he would be a good member of society, making a home for 
his wife and children, a conditional pardon was granted April 13, 

1916, the conditions being that he abstain from the use of alcoholic 
liquors, devote himself to the support of his family, and that he 



Session of 1916 137 

conduct and demean himself as a good and law-abiding citizen and 
remain in Wisconsin for the balance of the term of his prison 
sentence. 

Theodore Ddhljem — Convicted before the Superior court for 
Douglas county, on the twelfth day of August, 1915, of the crime of 
adultery, and sentenced to state prison at Waupun for the term of 
two years. The brother-in-law of Dahljem is a prominent citizen 
of Minnesota and has offered Dahljem an excellent position. The 
wife is willing to forgive and forget and on April 20, 1916, a con- 
ditional pardon was granted in order that the family might be re- 
united, the conditions being that Theodore Dahljem accept the 
position offered by his brother-in-law in Minnesota, that he return 
to his family, support them and lead a moral upright life. 

Zale Miller — Convicted before the circuit court for Jefferson 
county, on the nineteenth day of July, 1916, of the crime of larceny 
and sentenced to the state prison at Waupun for the term of three 
years. The offense was not particularly serious and the sentence 
appeared to be excessive for the crime committed. A conditional 
pardon was granted on August 10, 1916, the conditions being that 
Zale Miller abstain from the use of all intoxicating liquors, that he 
report each month to B. M. Jostad, state probation officer, upon 
such matters and at such time as Mr. Jostad may require, that he 
conduct and demean himself as a peaceable and law-abiding citizen. 
Charles M. Asbjorenson — Convicted before the circuit court for 
Vernon county, on the twentieth day of October, 1914, of the crime 
of burglary and sentenced to the Wisconsin state prison at Waupun 
for the term of three years. Asbjorenson was convicted of breaking 
into the depot at Viroqua, Wisconsin, and stealing a case of beer. 
He had held responsible positions but the liquor habit seemed to be 
the cause of his downfall. By good conduct while in prison he had 
earned his parole. Since being on parole his conduct has been good. 
Upon the representation that he could again obtain a responsible 
position in the tobacco business and be thus better enabled to sup- 
port his wife a conditional pardon was granted August 21, 1916, 
the conditions being that Charles M. Asbjorenson abstain from the 
use of all intoxicating liquors and demean himself as a peaceable 
and law-abiding citizen. 

Edward E chart — Convicted before the circuit court for Jefferson 
county, on the thirteenth day of April, 1878, of the crime of mur- 
der in the first degree and sentenced to the Wisconsin state prison 
at Waupun for the term of his natural life. The story of Eckarfs 



138 Messages to the Legislature 

crime is particularly interesting. In the early days Eckart was a 
diamond merchant in South Africa. One day he awoke to the 
fact that his partner had run away with all of the worldly goods 
belonging to the firm. He became discouraged and started out on 
the life of a hobo. One evening while eating supper with a com- 
panion by the side of a railroad track in Jefferson County a third 
tramp came along and joined them in the evening meal. While 
visiting around the camp fire after supper Eckart discovered that 
the visitor was his partner of bygone days in the diamond fields 
of South Africa. Waiting until the man had gone to sleep Eckart, 
with a small hatchet, committed the murder with which he was 
charged. His prison record has been exceptionally good. He has 
been on parole for three and one-half years and the party to whom 
he was paroled, the chief of police of Waupun, Wisconsin, makes 
application for a pardon. On October 12, 1916, a conditional par- 
don was granted, the conditions being that Edward Eckart abstain 
from the use of liquor, that he shall not go in the vicinity where 
Charles Whitman, his companion on the night of the murder, is 
employed. 

Ernest Patzold — Convicted before the circuit court for Racine 
county, on the twentieth day of October, 1913, of the crime of 
murder in the first degree and sentenced to the state prison at 
Waupun, for the term of his natural life. Patzold is totally blind 
and, therefore, a care to the prison officials, being unable to help 
himself. The daughter is well able to provide a home and it 
appears to be for the interest of all concerned that he be granted 
a conditional pardon, which was done October 12, 1916, the con- 
ditions being that Ernest Patzold be given a home by F. H. 
Young and his wife and that they provide and care for him during 
the balance of his life. 

Conditional Pardons from Wisconsin State Reformatory 

Harry Haley — Convicted before the municipal court for Chip- 
pewa county, on the fourteenth day of April, 1916, of the crime of 
larceny and sentenced to the state reformatory at Green Bay for the 
term of one year. Harry Haley has a good home and it appears 
that his trouble arose largely from the fact that he was permitted 
to frequent pool and billiard halls. Conditional pardon was granted 
May 19, 1916, the conditions being that he report monthly to Rever- 
end Hayward of Chippewa Falls, that lie abstain from the use of all 



Session of 1916 139 

intoxicating liquors and remain away from pool and billiard halls 
or any place where intoxicating liquors are sold. 

* William Carmichael — Convicted before the municipal court for 
Dane county, on the twenty-ninth day of April, 1916, of the crime 
of assault with intent to do great bodily harm and sentenced to 
the Wisconsin state reformatory at Green Bay for the term of one 
year. It was represented that Carmichael's character previous to 
the commitment of this crime was excellent and that his mother 
was very poor and needed his support. Conditional pardon was 
granted August 4, 1916, the conditions being that he conduct and 
demean himself as a peaceable, law-abiding citizen and refrain from 
any attempt to do bodily harm to any person. 

Conditional Pardons from Industrial School for Girls 

Elida Maria Malun — Convicted before the county court for Eau 
Claire county, on the fifteenth, day of April, 1913, of the crime of 
being an incorrigible person, and sentenced to the industrial school 
for girls for the full period of her minority. Many letters received 
from prominent Eau Claire residents requesting executive clemency 
on the ground that the young lady had been sufficiently punished 
and had had the necessary lesson taught to her. Conditional 
pardon was granted October 14, 1915, the conditions being that she 
return to her home and report each Saturday upon such matters 
as may be required by John Gaustad. 

ConditionxIl Pardons from Industrial School for Boys 

Julian Novak — Convicted before the juvenile court for Mil- 
waukee county, on the fifth day of February, 1915, of being a de- 
linquent and sentenced to the industrial school for boys at Wauke- 
sha for the term of his 'full minority. Many influential people 
petitioned the governor to grant executive clemency. The father 
signified his intention of giving the boy a college education. On 
November 9, 1915, a conditional pardon was granted, the conditions 
being that he report once each week to Reverend Charles B. 
Moulinier, S. J., of Marquette university. 

Peter Vancettler — Convicted before the juvenile court for Mil- 
waukee county, on the thirteenth day of August, 1915, of being an 
incorrigible and sentenced to the industrial school for boys at 
Waukesha for the full period of his minority. It was represented 



140 Messages to the Legislature 

that if executive clemency was extended to the boy the parents 
would see that he attended school regularly. On February 16, 
1916, a conditional pardon was granted, the conditions being that 
he return to his parents, attend school regularly and that his parents 
make a monthly report concerning his conduct and his employment 
to Judge Eschweiler to the juvenile court of Milwaukee county. 

Conditional Pardons from Milwaukee County House of 
Correction 

D. Watson Cromberger — Convicted before the municipal court 
for Milwaukee county, on the twenty-sixth day of November, 1913, 
of the crime of forgery and sentenced to the Milwaukee county 
house of correction for the term of three years. It was represented 
that Cromberger was in poor health and according to the statement 
of the physician who had examined him further imprisonment 
would greatly impair his physical condition. On May 13, 1915, a 
conditional pardon was granted, the conditions being that he abstain 
from intoxicating liquors, conduct and demean himself as a peace- 
able and law-abiding citizen, immediately take up his residence with 
his mother and live with her until his term expired. That he make 
a report in writing every Saturday until the expiration of his 
term concerning his life and conduct, that the report meet the ap- 
proval of his mother and that it be filed with Eeverend Paul P. 
Jenkins. Further on the first day of each month that he report in 
writing to the board of control upon such matters as may be re- 
quired by Eeverend Jenkins, the report to meet the approval of 
Eeverend Jenkins. 

Mabel Smith — Convicted before the municipal court for Mil- 
waukee county, on the twentieth day of February, 1915, and sen- 
tenced to the Milwaukee county house of correction for the crime of 
burglaiw, for the term of three years. It was represented that there 
were extenuating circumstances in connection with the case and on 
February 10, 1916, a conditional pardon was granted, the conditions 
being that Mabel Smith return to Chicago and live with her 
husband. 

David Harris — Convicted before the municipal court for Mil- 
waukee county, on the ninth day of February, 1916, of the crime 
of accessory after the fact to larceny from the person and sen- 
tenced to the Milwaukee county house of correction for the term 
of one year. It was represented that the family was very poor 



Session- of 1916 141 

and needed the support of Harris. On August 10, 1916, a condi- 
tional pardon was granted, the conditions being that he conduct 
and demean himself as a peaceable, law-abiding citizen, that he 
follow an honest occupation, support his family and report each 
month to Judge Backus. 

Claus Johnson — Convicted before the municipal court for Mil- 
waukee county, on the sixth day of January, 1916, of the crime 
of larceny from the person, and sentenced to the Milwaukee county 
house of correction for the term of one year. Johnson was intoxi- 
cated when he committed this crime. His family is very needy 
and is being supported by the state. On August 10, 1916, a con- 
ditional pardon was granted, the condition being that he abstain 
from alcoholic liquor, and that he report on Saturday of each week 
to Eeverend S. P. Todd, with a full statement of his conduct and 
that he further deliver all of his wages to his wife. 

Herman C. Delin — Convicted before the municipal court for Mil- 
waukee county, on the twenty-ninth day of January, 1916. of the 
crime of forgery and sentenced to the Milwaukee county house of 
correction for the term of two years. It was represented that the 
family were badly in need of his support and that a position had 
been obtained for him. His former employers spoke well of him. 
On October 6, 1916, a conditional pardon was granted, the condi- 
tion being that Herman C. Dehn return to his home and support 
his wife and children, that he be a faithful husband, sober and in- 
dustrious, and that he be in charge of the probation officer of the 
municipal court of Milwaukee county. 

Conditional Pardons Froxe County Jails 

Addie Knox — Convicted before the municipal court for Mil- 
waukee county, on the thirteenth day of March, 1915, of the 
crime for forgery and sentenced to the county jail of Milwaukee 
county for the term of one year. It was represented that full 
restitution has been made for the wrong committed, that the 
defendant had been sufficiently punished and the husband was 
anxious to have her returned to his home. On July 27, 1915, 
a conditional pardon was granted, the conditions being that Addie 
Knox abstain from intoxicating liquors and report once each week 
to District Attorney Zabel for the balance of the term for which 
sentenced. 



142 Messages to the Legislature 

Pardon revoked October 27, 1915, for the reasons that the con- 
ditions of the pardon were violated. 

Ralf Cooper — Convicted before the municipal court for Dane 
county, on the eleventh day of February, 1915, of the crime of 
operating a confidence game, and sentenced to pay a fine of two 
hundred dollars and costs and default thereof to imprisonment in 
the Dane county jail for the term of eight months. It was repre- 
sented that full restitution had been made to the bank for the 
crime committed and that his people desired his return to Chicago. 
On August 24, 1915, a conditional pardon was granted, the condi- 
tions being that he return immediately to Chicago. 

Floyd Gibbs — Convicted before the justice court for Calumet 
county on the ninth day of February, 1916, of the crime of petit 
larceny and sentenced to the Calumet county jail for the term of 
ninety days. Pardon was requested by the district attorney in or- 
der that he might marry Theresa Cosz before the birth of her 
child. On February 21, 1916, conditional pardon was granted to 
take effect March 10, 1916, the conditions being that he marry 
Theresa Cosz, support, maintain and care for her. Further, that 
he conduct and demean himself as a peaceable, law-abiding citizen. 

Commutations of Sentence From the Wisconsin 
State Prison 

Harry Passno — Convicted before the county court for Marinette 
county, on the nineteenth day of September, 1914, of the crime 
of larceny, and sentenced to state prison at Waupun for the term 
of eighteen months. In order that Passno might be eligible to 
parole sentence was commuted to one year, on March 6, 1915. 

John Strub — Convicted before the county court of Marinette 
county, on the twenty-seventh day of October, 1914, of the crime 
of assault to do great bodily harm, and sentenced to the state prison 
at Waupun for the term of two years. In order that Strub might 
be eligible for parole sentence was commuted to one year on March 
26, 1915. 

Peter 0. Shulhus — Convicted before the circuit court for Eau 
Claire county, on the twenty-fifth day of September, 1914, of the 
crime of assault with intent to rape and sentenced to the Wiscon- 
sin state prison for the term of two years. In order that Skulhus 
might be eligible for parole sentence was commuted to one year, 
April 14, 1915. 



Session of 1916 143 

Phillippi Roberti — Convicted before the circuit court for Mara- 
thon county, on the twenty-third da}' of December, 1911, of the 
crime of murder in the first degree, and sentenced to the state 
prison at Waupun for the term of his natural life. On June 9, 
1915, sentence was commuted to fourteen years for the reason that 
the murder of which he was convicted as accessory before the act 
appears to have been planned by Imperio, that Imperio was the 
leader and Eoberti was merely his tool, that Eoberti made no 
preparation to commit the crime but merely in what he did was 
obeying the orders of Imperio. 

WiJUard Johnson — Convicted before the municipal court for 
Brown count}', on the thirtieth day of August, 1912, of the crime 
of assault regardless of life and sentenced to the state prison at 
Waupun for the term of eight years. On July 15, 1915, the sen- 
tence was commuted to six years for the reason that the crime 
was committed during a family quarrel and there is every reason 
to believe there was no premeditated intent. 

Cicil Ridge way — Convicted before the municipal court for Ea- 
cine county, on the twenty-sixth day of December, 1913, of the 
crime of burglary, and sentenced to the state prison at Waupun 
for the term of nine years. On August 10, 1915, sentence was 
commuted to three years for the reason that Eigdeway was the 
only support of a widowed aunt and a grandmother, and for the 
further reason that the sentence was excessive. 

Walter Bartlett — Convicted before the "circuit court for Man- 
itowoc county, on the sixteenth day of January, 1915, of the crime 
of adultery and sentenced to the state prison at Waupun for the 
term of two years. In order that Bartlett might be eligible to 
parole sentence was commuted on August 10, 1915, to one year, 
for the reason that his mother was very ill and needed his care. 
This crime was his first offense and while in prison he made a good 
record. 

A. W. Huebing — Convicted before the circuit court for Sauk 
county, on the twenty-seventh day of February, 1914, of the crime 
of embezzlement and sentenced to the state prison at Waupun for 
the term of four years. On August 12, 1915, the sentence was 
commuted to three years in order that he might be eligible to parole 
for the reason that his family was in destitute circumstances and 
the wife and children needed his support. Eecommendation made 
to the board of control that parole be granted on condition that 



144 Messages to the Legislature 

Huebing support his family and refrain from the use of all in- 
toxicating liquors. 

Thomas V oilier — Convicted before the municipal court for Mil- 
waukee county, on the eleventh day of January, 1907, of the crime 
of rape and sentenced to the Wisconsin state prison for the term 
of twenty-five years. On October 1-1, 1915, sentence was commuted 
to fifteen years in order that A T allier might be eligible to parole. 
If he were to await eligibility for parole under the original sentence 
he would have reached an age when it would be difficult for him 
to make a livelihood. It is, therefore, better to give him a chance 
to secure employment now in order that he may maintain himself 
and daughter. 

William Schmidt — Convicted before the circuit court for Mara- 
thon county, on the twenty-eighth day of February, 1914, of the 
crime of murder in the second degree and sentenced to the Wis- 
consin state prison for the term of fourteen years. On October 
14, 1915, sentence was commuted to ten years, for the reason that 
it was proven that Schmidt had no intention of committing a crime. 
He was charged with having set a set gun in his orchard for the 
protection of his fruit. On December 14, 1916, the case was re- 
opened and a further commutation to nine years was granted, for 
the reason that physical condition of Schmidt is in such a condition 
as to demand medical attention. This commutation makes him 
eligible for parole in the near future. 

Thomas J. Burns — Convicted before the municipal court for 
Rock county, on the thirteenth day of February, 1911, of the crime 
of rape and sentenced to the state prison at Waupun for the term 
of ten years. On November 11, 1915, sentence was commuted to 
eight years, for the reason that in view of all the facts sentence 
was excessive. 

Fred Girard — Convicted before the circuit court for Eau Claire 
county, on the twenty-seventh day of April, 1915, of the crime 
of adultery and sentenced to the state prison at Waupun for the 
term of two years. On Xovember 16, 1915, upon recommendatiou 
of the board of control, sentence was commuted to one year, for 
the reason that his family needed his support and in the belief 
that he had been sufficiently punished it would be better for all 
concerned to commute the sentence so that he might be eligible 
for parole. 

William G ernes — Convicted before the circuit court for Ashland 



Session of 1916 145 

county, on the twenty-eighth day of September, 1911, of the crime 
of murder in the second degree, and sentenced to the Wisconsin 
state prison at Waupun for the term of fifteen years. On Decem- 
ber 10, 1915, sentence was commuted to seven years, for the reason 
that the charge in this case should have been manslaughter in the 
second degree. 

Luther Van Be Wall — Convicted before the municipal court for 
Milwaukee county, on the twenty-third day of October, 1914, of 
the crime of forgery and sentenced to the state prison at Waupun 
for the term of three years. On December 10, 1915, the sentence 
was commuted to two years, in order to permit of parole. 

Albert Manieivicz — Convicted before the municipal court for 
Milwaukee county, on the twenty-fourth day of January, 1907, of 
the crime of murder in the second degree and sentenced to the 
state prison at Waupun for the term of twenty years. On Decem- 
ber 10, 1915, sentence was commuted to eighteen years, in order 
that the board of control might grant a parole, suggestion being- 
made that parole be granted on condition that Maniewicz refrain 
from the use of all intoxicating liquors and make a home for his 
wife. 

Joe Wagner — Convicted before the municipal court for Milwau- 
kee county, on the twenty-third day of January, 1911, of the crime 
of murder in the second degree and sentenced to the state prison 
at Waupun for the term of fourteen years. On December 10, 1915, 
sentence was commuted to seven years for the reason that had 
Wagned offered a defense charge would not have been more serious 
than that of manslaughter in the second degree. 

Fred Hartman — Convicted before the circuit court for Wash- 
burn county, on the twelfth day of May, 1909, of the crime of 
murder in the first degree and sentenced to state prison at Waupun 
for the term of his natural life. On December 10, 1915, sentence 
was commuted to fifteen years for the reason that charge was too 
great for crime committed. L. M. Mead, district attorney at the 
time of conviction, joined in the request for commutation of sen- 
tence. 

Albert H. Bitter — Convicted before the municipal court for Mil- 
waukee county, on the twenty-fourth day of October, 1912, of the 
crime of abduction and sentenced to the state prison at Waupun 
for the term of fifteen years. On December 10, 1915, sentence was 
commuted to six years, for the reason that Bitter has been suf- 



146 Messages to the Legislature 

ficiently punished, family in straightened circumstances and needed 
his support. District attorney and many prominent citizens rec- 
ommended executive clemency. 

Albert Swanson — Convicted before the circuit court for Oconto 
county, on the twenty-fourth day of November, 1896, of the crime 
of murder in the first degree and sentenced to state prison at 
Waupim for the term of his natural life. On December 13, 1915, 
sentence was commuted to twenty years upon the recommendation 
of the judge who presided at the trial, who stated that penalty 
should be for murder in the second degree. 

II. II. Robertson — Convicted before the municipal court for 
Rock county, on the seventeenth day of July, 1915, of the crime 
of forgery and sentenced to state prison at Waupun for the term 
of eighteen months. On November 10, 1915, sentence was com- 
muted to one year for the reason that his family was very much 
in need of his assistance. With the further recommendation to the 
board of control that Robertson be paroled at the end of six months. 

Jack Bartte — Convicted before the circuit court for La Crosse 
county, on the seventh day of September, 1912, of the crime of 
rape and sentenced to Wisconsin state prison at Waupun for the 
term of fifteen years. On January 4, 1916, sentence was com- 
muted to six and one-half years, in order to permit of parole. 

Ignazio Giangrasso — Convicted before the municipal court for 
Milwaukee county, on the twenty-eighth day of June, 1911, of 
the crime of murder in the second degree and sentenced to the 
Wisconsin state prison at Waupun for the term of twenty-five 
years. On January 13, 1916, sentence was commuted to fifteen 
years, for the reason that it appears that the deceased in this 
case was the aggressor and there is some evidence of self-defense. 

Ernest A. Mitchell — Convicted before the municipal court for 
Outagamie county, on the thirtieth day of November, 1914, of 
the crime of forgery, and sentenced to the state prison at Wau- 
pun for the term of five years. On January 13, 1916, sentence 
was commuted to two years, for the reason that sentence imposed 
was excessive. 

Hugh Sorenson — Convicted before the circuit court for Polk 
county, on the twenty-fifth day of February, 1913, of the crime 
of murder in the first degree and sentenced to the state prison 
at Waupun for the term of his natural life. On January 13, 
1916, sentence was commuted to fourteen years, for the reason 



Session of 1916 147 

that it appears that at the time the crime was committed Soren- 
son was too drunk to premeditate murder. 

Adelbert I. Markee — Convicted before the circuit court for Mon- 
roe county, on the twenty-seventh day of July, 1915, of the crime 
of embezzlement, and sentenced to the state prison at Waupun for 
the term of three years. On February 9, 1916, sentence was com- 
muted to one year for the reason that it is the belief that the 
man had been sufficiently punished. He has a large family in 
destitute circumstances. The board of control recommended a 
commutation of sentence in order to permit parole. 

Grace Green, Esther Halcro and Louise Nelson — Convicted he- 
lore the circuit court for Eock county, on the twenty-third day of 
October, 1915, of the crime of grand larceny and sentenced to the 
state prison at Waupun for the term of eighteen months. On 
February 16, 1916, sentence was commuted to one year upon rec- 
ommendation of Judge Grimm who presided at the trial as well 
as warden Town, for the reason that sentence was deemed excessive. 

Frank Kavanaugh — Convicted before the municipal court of Mil- 
waukee county, on the twenty-second day of May, 1914, of the 
crime of manslaughter and sentenced to the state prison at Wau- 
pun for the term of five years. On March 9, 1916, sentence was 
commuted to four years, for the reason that sentence was ex- 
cessive for the crime committed. 

John Omnischinslci — Convicted before the municipal court for 
Winnebago county, on the tenth day of July, 1914, of the crime 
of assault with intent to kill and murder and sentenced to the 
state prison at Waupun for the term of four years. On March 
9, 1916, sentence was commuted to three years. The judge and 
district attorney Who presided and prosecuted at the trial recom- 
mended clemency, for the reason that his four minor children 
needed a father's care. 

Ernest But eke — Convicted before the municipal court for Mil- 
waukee county, on the twenty-eighth day of May, 1915, of the 
crime of embezzlement and sentenced to the state prison at Wau- 
pun for the term of three years. On April 7, 1916, sentence was 
commuted to eighteen months to permit of parole, for the reason 
that his wife and children were in straightened circumstances and 
needed their protector's support. 

Frank Nelczynski — Convicted before the circuit court of Port- 
age county, on the sixteenth day of March, 1910, of the crime of 



148 Messages to the Legislature 

murder in the second degree and sentenced to the state prison at 
Waupun for the term of fifteen years. On April 13, 1916, sen- 
tence was commuted to ten years, and board of control recom- 
mended to parole Nelczynski. He had been a model prisoner, 
and believe he has been sufficiently punished. His mother in need 
of his assistance. 

Carl Boek — Convicted before the circuit court for Columbia 
county, on the fifteenth day of August, 1905, of the crime of mur- 
der in the first degree and sentenced to the state prison at Wau- 
pun for the term of his natural life. On April 13, 1916, sentence 
was commuted to twenty years. The district attorney who prose- 
cuted appeared as the attorney for Boek requesting clemency. It 
appears that the crime was not premeditated and it is believed 
that he has been sufficiently punished. 

Jack Martinson — Convicted before the circuit court for St. 
Croix county, on the twenty-eighth day of September, 1908, of 
the crime of rape and sentenced to Wisconsin state prison at 
Waupun for the term of twenty-five years. On April 13, 1916, 
sentence was commuted to fourteen years. Lester Manson, coun- 
sel for the defendant, makes the statement that the woman raped 
was in the saloon with the defendant and that the defendant was 
in an intoxicated condition at the time. Under all the circum- 
stances, the penalty of fourteen years is sufficient. 

Bad Stanley — Convicted before the circuit court of Langlade 
county, on the twelfth day of May, 1913, of the crime of man- 
slaughter in the second degree and sentenced to the state prison 
at Waupun for the term of seven years. On May 10, 1916, sen- 
tence was commuted to six years, for the reason that Stanley was 
in poor health, his eyes are steadily failing him, and added to 
this his aged mother has sustained several fractures to one of 
her arms and owing to her age the bones do not knit. She has 
no one to support her and needs Stanley badly. In view of 
his excellent prison record sentence was commuted in order to 
permit a parole. 

Walter Tutlewshi — Convicted before the municipal court for 
Kenosha count}-, on the twenty -third day of October, 1915, of the 
crime of nonsupport and sentenced to the state prison at Waupun 
for the term of two years. May 16, 1916, sentence was commuted 
to one and one-half years, in order to permit of parole. Tutlew- 
ski has a large family, the family being scattered, and in order 



Session of 1916 149 

they may return and be supported by the father sentence is 
commuted. 

Anton Brunner — Convicted before the municipal court of Mani- 
towoc county, on the seventh day of October, 1915, of the crime 
of adultery, and sentenced to the Wisconsin state prison for the 
term of two years and ten months. On August 10, 1916, sen- 
tence was commuted to two years for the reason that under the 
circumstances the sentence was too severe. 

Anton Novak — Convicted before the municipal court for Mani- 
towoc county on the thirty-first day of July, 1913, of the crime 
of assault with intent to kill and murder, and sentenced to the 
state prison at Waupun for the term of eight years. On October 
12, 1916, sentence was commuted to four years for the reason 
that there was evidence to show that Novak armed himself in 
self-defense and for this reason sentence was too severe. 

Frank Le Boy Evanson — Convicted before the municipal court 
for Milwaukee county on the tenth day of November, 1915, of 
the crime of assault and robbery and sentenced to the State 
prison at Waupun for the term of three years. On October 28, 
1916, sentence was commuted to two years in order to allow 
parole. Evanson has developed tuberculosis and sentence is com- 
muted to allow his relatives to give him the proper care. 

William Flaherty — Convicted before the circuit court for Lin- 
coln county on the twelfth day of April, 1915, of the crime of 
larceny from the person, and sentenced to the state prison at 
Waupun for the term of seven years. On December 14, 1916, 
sentence was commuted to four years, the judge who sentenced 
him recommending that sentence be commuted. 

John Murray — Convicted before the municipal court for Brown 
county, on the fourth day of November, 1912, of the crime of 
rape and sentenced to the state prison at Waupun for the term 
of thirty-five years. On December 11, 1916, sentence was com- 
muted to twenty years for the reason that the sentence was ex- 
cessive and for the further reason that if Murray had been com- 
pelled to serve the full sentence he would be so old as to be- 
come a public charge. 

Frank Branden Brook — Convicted before the circuit court for 
Portage, special for Wood county on the twenty-third day of June, 
1913, of the crime of rape and sentenced to state prison at 
Waupun for the term of fifteen years. On December 14, 1916, 



150 Messages to the Legislature 

sentence was commuted to five years for the reason that the dis- 
trict attorney who prosecuted the ease was under a misappre- 
hension as to the character of the girl against whom the offense 
was committed. 

Stephen Bromley — Convicted before the circuit court for Taylor 
county, on the seventh day of January, 1907, of the crime of 
murder in the first degree and sentenced to the state prison at 
Waupun for the term of his natural life. On December li, 1916, 
sentence was commuted to eighteen years, for the reason that the 
offense committed was not more serious than murder in the sec- 
ond degree. Bromley shot the deceased to escape physical in- 
jury to himself. 

John J. Young — Convicted before the circuit court for Green 
county, on the twenty-first day of February, 1916, of the crime 
of assault with intent to murder and sentenced to the state prison 
at Waupun for the term of five years. On November 23, 1915, 
sentence was commuted to two years, the district attorney and 
judge who had charge of the case recommending that sentence 
be commuted in order to permit of parole after February 21, 
1917. 

Arthur Young — Convicted before the circuit court for Mara- 
thon county on the twenty-first clay of October, 1903, the crime 
of murder in the first degree and sentenced to the state prison at 
Waupun for the term of his natural life. On December 20, 1916. 
sentence was commuted to twenty-five years, for the reason that 
the original sentence was excessive, he should have been convicted 
of murder in the second degree. 



Commutations of Sentence From the Wisconsin 
State Eeformatory 

Bayles Owen — Convicted before the municipal court of Dane 
county, on the sixth day of May, 1916, of the crime of burglary 
in the nighttime and sentenced to the state reformatory at Green 
Bay for the term of one year. On August 10, 1916, sentence was 
commuted to six months because of his youth and inexperience 
and his previous good character, and the further fact that his 
family bear an excellent reputation. 



Session of 1916 151 

Carol Standiford — Convicted before the circuit court for Ver- 
non county, on the sixteenth day of March, 1916, of the crime 
of aiding in concealing stolen property and sentenced to the 
state reformatory at Green Bay for the term of one year. On 
August 11, 1916, sentence was commuted to six months in order 
that it might be possible for him to enter school in the fall 
and for the further reason that this was his first offense and 
his mother is partly dependent upon him for support. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
December 31, 1916. 



EXECUTIVE COMMUNICATIONS . 

To the Honorable, Hie Legislature: 

Pursuant to the requirements of law, I have the honor to re- 
port the following expenditures from the governor's contingent 
fund, during the period beginning on the first day of January, 
1915, and ending at noon on the first day of January, 1917: 

Receipts 

Jan. 4, 1915, check received from Dun- 
can McGregor, secretary to the gov- 
ernor, for cash on hand 

Received from sundry sources 

Sept. 8, 1915, cash from state treasurer 

Dec. 21, 1915, cash from state treasurer 



$807 


71 








16 


44 








500 


00 








500 


00 


$1, 


824 








15 


451 


85 








51 


00 








6 


13 








10 


00 









Disbursements 

Inaugural ceremonies 

Governor's message 

E. F. Dithmar, expenses to Milwaukee. 

Stenographic services 

J. C. Grondyke, expenses investigating 

binder twine machinery 305 

L. P. Benezet, work of investigation in 

Iowa on central board of education. . 2 4 09 

L. T. Crabtree, expenses in the investi- 
gation of forest reserye ,, 45 62 



152 Messages to the Legislature 

L. H. Bancroft, expenses to Panama- 
Pacific exposition for the purpose of 
delivering address Wisconsin day... 361 50 

Caring for grave of Governor Harvey. . 5 00 

R. B. Pixley, expenses on trips with 

governor 135 02 

R. B. Pixley, expenses on trip to Puck- 
away Lake on Mueller murder inves- 
tigation 35 00 

Sidney Hirsch Co., uniform for messen- 
ger 46 80 

Daniel E. McDonald, for detective serv- 
ice rendered in Bachler matter 81 53 

L. C. Whittet, expenses five trips to 
Milwaukee, while governor was in 
hospital 18 12 

Newspaper subscriptions for papers re- 
ceived at executive office . . 389 15 



1, 663 36 

Cash on hand $160 29 

Under section 172 — 2 Executive Depart- 
ment receives a contingent fund of 
$2,000.00 per annum. There remains to 
the credit of this department on books 

of secretary of state 3, 000 00 

Total balance in contingent fund. ... $3, 160 29 

Respectfully submitted, 

EMANUEL L. PHILIPR 

Governor. 
January 2, 1917. 



Session of 19 IT 153 



Regular Session Began January 10, 1917 ; 
Ended July 16, 1917. 

Special Session Began February 19, 1918; 
Ended March 9, 1918. 

Second Special Session Began September 24, 1918 ; 
Ended September 25, 1918. 

GOVERNOR'S MESSAGE. 

Jan. 11, 1917. 

To the Senate and Assembly: 

In conformity with law and long established custom, I submit 
to you at this time such information and recommendations per- 
taining to the state government as seem to be most urgent. The 
printed reports of the departments of government, also of all state 
institutions, will be placed before you. These reports present the 
work of the different departments and institutions in detail, and 
I recommend them to you for your consideration. 

State Finances 

On December 29th, 1916, there was a balance of $709,747.47 in 
the state treasury available for the payment of the general ex- 
penses of the state government. By practicing rigid economy 
wherever it was possible, we were able to carry this amount over 
to the new calendar year, despite the fact that we inherited large 
building appropriations from a former administration for which 
no money had been provided. For a full statement of the condi- 
tion of the treasury I refer you to the treasurer's report dated 
December 29, 1916, which will be delivered to you. 

In entering upon your duties as legislators, it is important for 
you to know what the probable income of the state will be for the 
next biennium, in order to guide you in making appropriations. I 
therefore submit to you an estimate of the state's income derived 
from other sources than general tax levies for the fiscal years 



154 Messages to the Legislature 

1917-18 and 1918-19. 1 am also able to present to you the ap- 
propriations that have been requested by the different departments 
and state institutions and the revisions and recommendations made 
by the State Board of Public Affairs and the Central Board of 
Ed u cation. 

The following are the budget recommendations as per the State 
Board of Public Affairs and the Central Board of Education, not 
including land and building requests: 

SUMMARY 

1917-18 1918-19 

Estimated Receipts $14,707,867.00 $15,277,806.00 

Estimated Appropriations 14,310,401.00 14,593,469.00 



Estimated Balance $ 397,466.00 $ 684,337.00 

ESTIMATED RECEIPTS 

1917-18 1918-19 

Receipts from Corporations, Estates and 

Fees $ 8,461,000.00 $ 8,538,000.00 

Departmental Receipts 2,392,494.00 2,795,354.00 

Charitable and Penal Institutional Re- 
ceipts 596,674.00 597,824.00 

Normal School Receipts 835,240.00 860,199.00 

University Receipts 2,422,459.00 2,486,429.00 



Totals $14,707,867.00 $15,277,806.00 

ESTIMATED APPROPRIATIONS 

For Boards, Depts. and Commissions. . .$ 8,150,973.00 $ 8,491,345.00 

For Charitable and Penal Institutions.. 2,084,274.00 2,062,217.00 

For Normal Schools 1,285,669.00 1,194,137.00 

For University 2,789,485.00 2,845,770.00 

Totals $14,310,401.00 $14,593,469.00 

The appropriations that are recommended have been kept within 
the state's income. If the appropriations which you will make are 
kept within the limits suggested by the revising boards, the prob- 
able excess of the state's revenues for the same period will be $774,- 
140.00. The estimates of expenditures do not include any appro- 
priations for new state buildings. The indications are that the 
state's revenues will be sufficient to provide the money to complete 



Session of 1917 155 

the building operations authorized by the legislatures of 1913 and 
1915. The incomes have been estimated conservatively, and I be- 
lieve can be safely relied upon. 

The last legislature made a tax levy for the benefit of the gen- 
eral fund of $1,000 each for the fiscal years 1916 and 1917. The 
balance of the state taxes levied were statutory and were all for 
educational purposes. I desire to call your attention to the fact 
that unless you make material reductions from the budget esti- 
mates for operating expenditures, you will not be able to make 
large building appropriations without providing for a tax levy to 
meet such capital investment. 

If you wish to increase the state's revenues from sources other 
than by direct taxation, I call your attention to the suggestions 
made by the tax commission, which, if carried out, would be the 
means of accomplishing that end to some extent. The tax commis- 
sion recommends that a larger part of the income tax, also of the 
automobile license fees, be given to the state. T regard this sug- 
gestion as sound, particularly in view of the demand for increased 
appropriations for highways. 

Taxation 

A fair and equitable division of the burden of taxation is and 
always has been one of the important problems of government. 
Under our system of taxation real property pays the larger part 
of the taxes collected. It is, therefore, necessary that the assess- 
ments of such property be carefully made and that the values be 
arrived at on some uniform basis. To do this requires men of 
experience and good judgment. 

The work of our local or township assessors is in many cases 
not well done. It frequently occurs that re-assessments are nec- 
essary. In such cases the work is done by agents of the Tax 
Commission and is quite costly, the expense falling upon the 
township that is re-assessed. We shall get more equitable assess- 
ments and, therefore, more satisfactory results if we will by law 
abolish the old system of local or township assessors and create 
the office of county assessor instead. Such county assessors should 
be compelled to pass a satisfactory civil service examination and 
the appointment should be made by the county board. They should, 
however, do the work under the direction of the State Tax Com- 



156 Messages to the Legislature 

mission. Their salaries and tenure of office should be fixed by 
legislative act. 

I believe that such a system would give us assessors better qual- 
ified for the service, and, by making a study of the property 
values of the county, they soon would be able to make a revision 
of the assessments that would come nearer to compliance with 
the rule of uniformity and would, therefore, be much more satis- 
factory to the people; and as a consequence would avoid the ex- 
pense and the unfortunate controversies that grow out of re- 
assessments, which, in the main, can be attributed to the unsatis- 
factory work of the local assessors. 

The county assessors, that I have suggested here, could at the 
same time act as the assessors of incomes, thereby reducing the 
present force of income assessors to a small number, which would 
result in a substantial saving to the taxpayers. 

I believe it to be unnecessary to make assessments of real es- 
tate every year. The value of that class of property does not, 
as a rule, change much within that time. If a fair and equitable 
assessment is once established, a re-assessment every four years 
should be sufficient, and I recommend that this change be made 
in our statutes. 

The Tax Commission suggests numerous changes in our income 
tax law. I am particularly impressed by the suggestion that 
taxes paid upon personal property should not be used as an offset 
for income taxes. It is, in fact, difficult to understand why such 
a provision ever was made. If personal property is to be taxed 
there seems to be no good reason why the taxpayer shall be per- 
mitted to deduct the amount paid from his income tax. As the 
law works out in its present form a large percentage of the in- 
come tax that is assessed at a considerable cost becomes uncol- 
lectable because of this provision of law. The aggregate income 
tax assessed in 1915 on the income of 1914 was $3,837,370, and 
the amount of personal property receipts used as an offset was 
$1,825,641 — thus reducing the net result of the tax by nearly 
fifty per cent. 

It is a useless effort to compel the taxpayer to make elaborate 
and complicated reports of his income and maintain a large and 
expensive organization for assessing incomes and then have the 
result nullified by the use of personal property tax receipts to 
offset the amounts due. T recommend that the statute which 



Session of 1917 157 

permits the taxpayer to use his personal property tax receipt as 
an offset for income tax be repealed. 

I also recommend the repeal of the law under which the owner 
of a home is compelled to pay an income tax on its rental value. 
T do this because I believe such a tax is unfair and unjust. 

I call your attention to the numerous recommendations made 
by the Tax Commission. Their report has been placed upon your 
desks. I cannot agree to the proposition that personal property 
shall be removed from the tax roll. According to the report of 
the Commission that class of property yielded $5,680,728 in taxes 
in 1915. In view of the growing demand for public improve- 
ments, all of which will necessitate the expenditure of large sums 
of money, the state cannot afford to reduce its revenues. If the 
system is changed and personal property is exempt, the loss of 
revenue must be made up in some other way and the greater part 
will naturally fall upon our real estate. Our income tax is al- 
ready high. The same people who pay the income tax to the state 
pay an income tax to the national government and it would seem 
that the amount that is now demanded from that class of tax- 
payers should not be further increased. To do so would, in m\- 
judgment, interfere with the industrial development of our state. 

I agree with the Tax Commission that public utilities such as 
water, light, heat and power plants and the leased buildings con- 
nected therewith, should not be classified as personal property. 
All property of that character should be transferred to the real 
estate class. 

Highways 

One of the most important subjects that you are called upon 
to consider during this session is the matter of devising an eco- 
nomical and effective system of highway construction. The de- 
mand for better roads is general. It is, however, a project that 
involves tremendous expenditure of money and we should, there- 
fore, approach it in a spirit of conservatism. The size of the 
undertaking is best understood when we consider it in connec- 
tion with the fact that the state has over 70,000 miles of high- 
ways, the greater part of which need to be rebuilt if we expect 
to bring all of our public roads to a satisfactory standard. 

The annual report of the State Highway Commission has been 
submitted to you. The recommendations contained therein rep- 



158 Messages to the Legislature 

resent the conclusions that the commission has reached in its ex- 
perience in dealing with the highway question. I recommend 
the report for your careful consideration. 

I wish particularly to impress upon you the necessity of mak- 
ing provision for the proper maintenance of the roads that are 
built. Nearly 5,000 miles of state aid roads have been built since 
the beginning of the state aid system, at a cost of about $16,000,- 
000. Xo provision was made for the maintenance of these roads, 
with the result that sections which were built two and three years 
ago are worn out and the investment has, therefore, been lost. 
It seems to me that it requires no further argument than to say 
that the construction of costly highways without proper provision 
for' their maintenance is a waste of public money and a disap- 
pointment to the people. 

The Congress of the United States has appropriated a sum of 
money to aid the states in the construction of post roads. The 
total amount that will come to our state from that source is 
$1,925,416. The appropriation covers a period of five years and 
is made available in the following sums : 

For the fiscal year 1916-17 $128,361.00 

For the fiscal year 1917-18 256,722.00 

For the fiscal year 1918-19 385,083.00 

For the fiscal year 1919-20 513,444.00 

For the fiscal year 1920-21 641,805.00 

Under the provisions of the act which appropriates these amounts 
the aid from the government can be used only for the purpose 
of construction and no part of it can be used for purchasing 
right of way, for engineering cost, or any other preliminary work. 
The law provides further that the state must spend at least an 
equal sum for the same purpose, the road must be continuous, 
and must, therefore, be part of a trunk line system, the plans 
for which are subject to approval by the United States Commis- 
sioner of Agriculture. 

In order to secure federal aid it is necessary for the state to 
undertake the building of a system of trunk line roads as a 
separate project, and I recommend that you appropriate a sum 
of money for this purpose which will equal the sums that will 
be contributed by the United States government. Insomuch as 
the counties in which these trunk lines will be located will be 



Session of 1917 159 

especially benefited, I recommend further that you pass a law 
that will require appropriations in an equal sum by such coun- 
ties, the same to be apportioned among the counties upon a mile- 
age basis. 

If this plan is followed we will expend over $6,000,000 in the 
construction of federal aid roads in the next five years. The 
appropriation passed by the last legislature provides for an an- 
nual expenditure of $785,000 in state aid. If we add the con- 
tributions made by the counties and towns we will spend over 
$12,000,000 under that system during the same period. The 
sums that I have named, plus the money that is being expended 
by counties independent of state aid, will give our road building 
organization as much work as it can intelligently supervise. 

Furthermore, the cost of carrying on the projects that I have 
outlined will constitute a larger burden for the taxpayer, and in 
my judgment it should not be increased. We should meet the 
public demand for better roads. It is my opinion, however, that 
we should provide a plan that can be carried forward with a rea- 
sonable annual expenditure. We should not permit ourselves to 
be led too far by the "good-roads" enthusiast, who would wish 
to accomplish it all in a year. It is important that the work 
which is done is of a character that, with reasonable expenditure 
for maintenance, will remain a permanent improvement. 

Education 

Two years ago I presented a legislative program affecting our 
educational system which I believed to be beneficial. A Central 
Board of Education was created by law which experience has 
proven to be an improved form of educational government. 

The law which provides for the employment of supervising 
teachers in our rural schools is beneficial and is admitted by edu- 
cators to be an advance step in rural education. I believe, how- 
ever, that we will improve this service and the results that we 
will derive from it if we require some special training as a quali- 
fication for this position. 

I also recommend that the minimum salary fixed by law for 
rural school supervising teachers be increased to a sum large 
enough to enable county superintendents to compete with village 
and city schools in securing suitable teachers. 



160 Messages to the Legislature 

I will reiterate the statement that 1 made in my message two 
years ago, that the most helpful assistance that we can give our 
country schools is to provide better teachers. We shall not suc- 
ceed in doing this unless we make the profession of rural school 
teacher more attractive. Higher salaries and in many cases bet- 
ter schooihouses are required to bring conditions nearer the ideal. 
The last legislature recognized the necessity of doing something 
substantial for this important branch of public service by pro- 
viding some state support for rural school teachers based upon 
efficiency and term of service. The amounts provided by the 
statute are, however, not sufficient to accomplish the end desired. 
I recommend that you grant a further increase in their compen- 
sation from the state. 

1 also recommend that after 1920, all teachers who have not 
been in the service for three years be required to have a high 
school education or its equivalent and at least one year special 
training as teachers beyond the high school course. 

I ask that you give your attention to industrial education and 
continuation schools. The latter are important to a great mass 
of people who are compelled to become wage earners early in life 
and are therefore obliged to leave school at an early age. The 
continuation school gives them an opportunity to improve their 
education during the evening hours or at such times when they 
are not engaged in their employment. 

Industrial education is particularly important to the workmen 
in our factories. All indications point to the fact that we have 
entered an age in which greater efficiency is demanded in all 
industry. Our people must be placed in position to meet modern 
requirements in this respect. It is the purpose of the industrial 
school to fill this want. 

The last legislature passed an act which has the effect of giv- 
ing this branch of education dual supervision. The plan leads to 
a conflict of authority and is not a practical form of government. 

In order to make the management of this system harmonious, 
I recommend that the board remain constituted as it now is — 
namely, three representatives representing the laboring class, three 
representing the manufacturers and two to be chosen from among 
educators, and the state superintendent of public instruction to 
remain an ex-officio member. To this board should be given 
the power to initiate the work of industrial education, the super- 



Session of 1917 161 

vision over the same to be placed in charge of the state superin- 
tendent of public instruction. All employes of the board should 
be appointed only by the board, from a list of names supplied by 
the state superintendent of public instruction. 

I concur in the recommendation made by the Central Board 
of Education which changes the system of state aid to industrial 
and continuation schools to a basis of part salary for the teach- 
ers. Under the present system there seems to be confusion about 
the amount that the state should pay. 

New Building Projects 

Additional buildings are requested by the University, the State 
formal Schools, Stout Institute and by the State Board of Con- 
trol for the Charitable and Penal Institutions. 

In view of the present high cost of material I believe it a wise 
policy for the state to defer all building operations, except such 
as are absolutely necessary, to a time when material can be se- 
cured at reasonable prices, and normal conditions prevail. It is 
generally conceded that the present high prices cannot continue 
much longer, especially if the war in Europe comes to an end. 
It may reasonably be expected that when the war is over there 
will be a re-action in business and some re-adjustment of our 
economic conditions will take place. There is reason to believe 
that during the period of re-adjustment work will become scarce 
and laboring men will be seeking employment. 

Because of these possibilities it should be the policy of the state 
to defer its building operations, so far as it is possible, not only 
in the interest of lower prices, but for the purpose of providing 
employment to our laboring men at a time when business and 
private industry is dull, and work is scarce. Furthermore, dur- 
ing times when there is an abundance of employment at high 
wages in private industry, public enterprise should not compete 
for the available labor any more than is absolutely necessary. 
It should reserve its work in the interest of the workingman for 
a time when he needs it. Nor should the state interfere with 
private industry to the extent of curtailing necessary production. 



162 Messages to the Legislature 

Workmen's Com pensation 

The Workmen's Compensation Act was enacted in this state 
ar a time when there was no American experience available as 
a guide to those who drafted its schedules. The fact that the 
work of framing this act was well performed in the light of the 
conditions then existing is demonstrated by the very general satis- 
faction that has resulted from the operation of the law. 

It is no criticism of the act or the work of those who framed 
it to say that experience has shown the necessity of some changes. 
In the light of the five years' experience under the act that is 
now available it is generally agreed that certain schedules should 
be revised. There is a wide difference of opinion as to what is 
fair and equitable in the revision of many of the provisions of 
the act. It would be unwise to make changes, the wisdom of 
which may be doubted, without serious consideration. 

In order that the revision may be based upon sound and equit- 
able principles, I recommend a revision at this session of those 
schedules upon which there is general agreement. I further rec- 
ommend that you appoint a joint legislative committee with power 
to make a thorough study of the whole subject of workmen's com- 
pensation in the light of developed experience and present day 
information. 

This investigation should be made between the adjournment 
of the present session and the meeting of the next regular ses- 
sion of the legislature. The committee should report its find- 
ings to the governor for transmission to the next session of the 
legislature in order that that body may have intelligent and re- 
liable information upon which to base a revision of this important 
law. 

Workmen's Compensation Insurance 

The present situation relative to workmen's compensation in- 
surance is not at all satisfactory. The compensation act com- 
pels the great majority of employers of labor in this state to 
carry this kind of insurance. This act also takes away from the 
injured workman and his dependents the right of action which 
he or they formerly had against the employer, and substitutes 
compensation under the act. The obligation of the insurance 



Session of 1917 163 

company may continue over a long period. In some instances this 
period may be as great as fifteen years. 

The persons most interested in the quality of this kind of in- 
surance are the workman or his dependents, who are not par- 
ties to the insurance contract. The continued solvency of com- 
panies writing this kind of insurance is of first importance. The 
state should exercise its power to guarantee such solvency to the 
greatest possible extent. The importance of action with this end 
in view is especially apparent at this time in the light of the 
fact that a large number of companies writing workmen's com- 
pensation insurance have gone into liquidation or discontinued 
the business during the past year. 

Eates for this kind of insurance should be adequate to meet 
the obligations of the company to the injured employee or other 
person entitled to indemnity. The rates charged should be rea- 
sonable in order that injustice may not be done to the employer, 
who is compelled under the law to buy insurance. The cost of 
this kind of insurance should be equitably distributed over the 
industries and should be collected without discrimination by the 
insurers carrying this class of insurance. 

To this end and to the further end that economy and uniform- 
ity may prevail, I recommend and urge upon you the enactment 
of a law requiring, under state supervision, cooperation between 
companies writing workmen's compensation insurance in the work 
of making rates, establishing classifications and making inspec- 
tions. 

I further recommend that you vest in the Department of In- 
surance and the Industrial Commission power to control the rates 
charged for workmen's compensation insurance as to adequacy 
and also as to reasonableness. These departments should also 
be clothed with power to require and compel uniformity in classi- 
fications. This uniformity is necessary if the experience of com- 
panies writing this class of insurance is to become valuable for 
rate making purposes. It is also important as an element in 
preventing discrimination in cost between employers. 

Social Insurance 

The subject of social insurance now is attracting the attention 
of many public spirited citizens and organizations. We all must 
recognize the obligation of society as a whole to those unfortn- 



164 Messages to the Legislature 

Date members of the community who suffer from sickness, acci- 
dent, unemployment or old age. In dealing with a subject of so 
gieat importance, and such immense proportions when measured 
in dollars and cents, we must be practical as well as sympathetic. 
Many and varied plans have been proposed as a means by which 
the unfortunate condition of those who suffer from disabilities 
such as above mentioned may be relieved. There is, however, 
no harmony of view on the part of those who have given much 
thought and study to the subject. 

Wisconsin, in the past, has established a wise precedent in mak- 
ing a thorough investigation of new and important problems be- 
fore undertaking to legislate. There are many elements which 
enter into a consideration of the social insurance question in 
many of our states and cities that are not applicable to condi- 
tions in Wisconsin. The conditions to be met and the most prac- 
tical and wise method of meeting them may be very different here 
than are those in states containing larger industrial populations. 
I, therefore, urge upon you that you give attention to this sub- 
ject. 

I further urge that you follow the precedent established in con- 
nection with the workmen's compensation law by appointing a 
legislative committee for the purpose of studying the question 
of social insurance from the standpoint of Wisconsin, with the 
end in view of determining the necessity and wisdom of the legis- 
lation, and in the event that the committee decides that legis- 
lation ought to be enacted, it be instructed to formulate recom- 
mendations as to the method of accomplishing the end that is 
sought. Such a committee should be empowered to call to its 
assistance such expert service as may best serve it in making a 
comprehensive and exhaustive study. It should report to the gov- 
ernor before the convening of the next regular session of the 
legislature. 

Fire Insurance Eates 

Fire insurance is now recognized as a commercial necessity. 
The prosperity of our people is largely dependent upon their 
ability to obtain fire insurance protection of unquestioned qual- 
ity. To this end we need financially strong companies of our 
own state as well as those of our sister states. To those com- 
panies, both domestic and foreign, that render a useful and neces- 



Session of 1917 165 

sary service to our people we must accord the same opportuni- 
ties that are given to other desirable business enterprises. The 
service of fire insurance companies is quasi public in its nature. 
This service is impressed with a public interest that distinguishes 
it from many business enterprises. The nature of the business 
of the fire insurance company justifies the state in applying to 
it regulatory measures that cannot be applied to many business 
institutions. Protection, which is the commodity sold by the fire 
insurance company, should be sold to the purchaser without dis- 
crimination, as is the service of other public service corporations. 

The insurance company is the agency through which the cost 
of fire waste is distributed over insured property, while the owner 
of the property is the real burden bearer. The insurance com- 
pany is entitled to a fair and reasonable profit for the service that 
it renders. It is not entitled to more than that. The state should 
exercise its power to the end that the fire insurance companies 
receive a fair return for services rendered, and that the people 
are enabled to procure their insurance protection at reasonable 
non-discriminatory rates. Economy in bringing to the people the 
service of companies writing fire insurance in this state is desir- 
able. To this end, co-operation between companies in rate mak- 
ing and other activities is necessary. Co-operation without regu- 
lation would, however, leave the citizen to the mercy of the com- 
panies. If co-operation is authorized, it should be under proper 
state supervision and regulation. 

I therefore recommend and urge upon you the enactment of a 
law that will require all companies writing fire insurance on prop- 
erty located in this state to be members of a rating bureau, to 
be located in this state, and that will further require co-operation 
in rate making to the end that the cost be reduced and uniformity 
obtained. The law should prohibit discrimination and require the 
rate charged to be reasonable. 

I further recommend that such legislation permit variation 
from rates made by bureaus, so that economies in management 
or favorable loss experience may accrue to the benefit of the own- 
ers of insured property. The bureaus charged with this import- 
ant function of rate making should be required to obtain a license 
from the state. Bureaus authorized by law, as well as insurance 
companies and insurance agents, should be subject to a penalty 
for violations. The Insurance Department is the logical agency 



166 Messages to the Legislature 

of the state to be charged with the administration of such an act. 
I therefore recommend that the Commissioner of Insurance 
be vested with authority along the lines herein outlined, and that 
full provision be made for the successful administration of the 
law. 

State Insurance 

In my message to the legislature two years ago I called atten- 
tion to the depleted condition of the state fire insurance fund. 
I wish to again call your attention to the condition of that fund 
on January 1, 1917: 

ASSETS. 

Cash on hand January 1, 1917 $154,144.61 

Due from counties 549.32 

Total assets $154,693.93 

LIABILITIES. 

Due general fund $ 78,137.99 

Unearned premium 50,894.31 

Unpaid losses (estimated) 20,000.00 

$149,032.30 

Surplus January 1, 1917 $ 5,661.63 

We had some losses during the past two years. It was our 
good fortune, however, that none of our large risks burned. If, 
for instance, the main building at the Northern Hospital for the 
Insane, which we carry for $660,000, had burned, instead of the 
Oshkosh Normal School, our deficit would be very large. The 
present condition of this fund after an experience of twelve years 
demonstrates, conclusively, that state insurance on the basis on 
which it has been carried is a failure. I believe this to be due 
to the fact that the values of the units insured bear too large 
a proportion to the total risk carried. 

I stated two years ago, and in the light of our experience since 
then I see no reason to change my mind, that we should discon- 
tinue this form of insurance, because it affords no protection. 
The buildings belonging to the state that are subject to destruc- 






Session of 1917 167 

tion by lire should be insured with regular insurance companies 
for precisely the same reason that private owners of property in- 
sure their buildings. 

In this connection I also call attention to the fact that the state 
is carrying fire insurance on property that is owned by counties, 
cities and school districts in a sum exceeding $2,000,000. I ques- 
tion the right of the state to engage in the insurance business 
to the extent of covering property that does not belong to the state. 
However, the law provides that the properties of counties, cities 
and school districts may be insured by the state, using the state 
fire insurance fund to pay any loss that may occur. Insomuch 
as the amount that is now in the treasury after twelve years of 
experience is entirely inadequate because it is not sufficient to 
pay a total loss on any one of the large risks, it seems to me that 
it would be wise to refund the unearned premiums to the owners 
of that class of property and cancel our policies. As that mat- 
ter now stands the counties and school districts rely upon this 
insurance for their protection against fire loss. If the loss that 
may occur is greater than the amount of money in this fund in 
the treasury, it will be impossible to make a settlement unless we 
draw upon the general fund for the purpose. Although I believe 
that the state would be morally bound to pay the loss, it may, 
however, find its hands bound by constitutional prohibitions. We 
should not deceive the counties and other subdivisions in this 
matter and I urge upon you that the state discontinue this class 
of insurance and settle with the counties and school districts in 
the manner that I have indicated. 

State Board of Control 

All state institutions have been subjected to a critical examina- 
tion by the State Board of Public Affairs. Everything that was 
objectionable has been "cleaned up" and I am pleased to state 
that our public institutions are now generally well managed and 
that proper attention is given to reasonable economies. I am 
able to report to you that during the last fiscal year the prison 
twine plant was converted into a profitable institution, having 
made a profit of $81,000, and that the state prison was run at 
a profit instead of a loss for the first time in its history. 

The United States government is contributing to the support 



168 Messages to the Legislature 

of soldiers and their wives who are at present in the Wisconsin 
Veterans' Home at Waupaca. The government aid was withheld 
for a time on the ground that insomuch as this home is under 
the management of the Grand Army of the Eepublic it cannot 
be regarded as a state institution and that government aid will, 
therefore, be discontinued. 

I have been able to secure a reconsideration of the questions 
raised and the order given, and the federal aid has been resumed 
for the present. The' government, however, insists that the man- 
agement of this home be turned back to the state and if this is 
not done federal aid will be discontinued. Insomuch as the con- 
tribution made by the United States government amounts to large 
sums of money, which will be lost unless we comply with the gov- 
ernment's wishes, I recommend that you enact such legislation 
as is necessary to turn the home over to the State Board of Con- 
trol or some other board to be selected by the governor. 

I wish to state in this connection, however, that I regret that 
the government has seen fit to interfere with the management of 
this institution by the Grand Army. I wish that that organiza- 
tion might have the privilege of taking care of its own for the 
short time that these men have to remain with us. However, 
the mandate has come from the government that we must make 
the change and hence I make this recommendation. 

The business of the Board of Control is growing rapidly and 
corresponding responsibilities are coming to it as a natural con- 
sequence. As the board is now constituted it is composed of 
five members. However, only one makes his home in the city 
of Madison. The expenditures managed by the board are neces- 
sarily large. The institutions in their charge are of great im- 
portance to the state, as is the proper and economical adminis- 
tration of them. It would, in my judgment, be in the interest 
of the state to reduce this board to three members, the same to 
reside in the city of Madison and devote all of their time to the 
business of the board. The salaries should be increased to an 
amount large enough to attract and hold good men, because the 
public interest demands that the work assigned to the board be 
ably done. I, therefore, urge you to reduce the board to three 
and compel the members to give all of their time to the work 
of the board. I make this recommendation in the interest of 
greater efficiency in the administration of our state institutions. 



Session of 1917 169 

I also recommend that the State Superintendent of Public In- 
struction be given supervisory power over the educational fea- 
tures of our charitable and penal institutions. The education of 
the blind and the deaf and dumb are specialties in educational 
work, also the education of the feeble-minded. The Industrial 
School for Boys at Waukesha, the Industrial Schools for Girls 
at Milwaukee and the School for Dependent Children at Sparta 
all have educational features that in my judgment should be un- 
der the supervision of educators, and I recommend that you give 
the State Superintendent of Public Instruction supervisory power 
over them. 

National Guard 

On June 19, 1916, all recognized units of the Wisconsin Na- 
tional Guard, excepting one infantry company, were called into 
active federal service by the President of the United States. At 
the present writing about one-third of these troops are still held 
on the Mexican border for service under federal authority. We 
have received the assurance many times, through the press and 
in statements of department commanders and officers of high 
rank in the regular army, that our people may well be proud 
of the soldierly qualities of the officers and men of our guard. 
When the call from the President came for troops they subscribed 
to the conditions of the federal service without a murmur and 
rendered the service that has been demanded of them like true 
soldiers. We may justly feel proud of the history that they have 
made. Wisconsin citizens have again demonstrated that they are 
patriotic and at all times ready to make any sacrifice for their 
country that may be demanded of them. I recommend that proper 
recognition of the services of our guard be given expression in 
legislative resolutions. 

The National Defense Act, passed by the United States Con- 
gress, was made effective June 3, 1916. At the time this call 
went into effect the total strength of the Wisconsin National Guard, 
officers and men, was approximately 3,200 and their annual pe- 
riod of field training was seven days. Under the new federal 
act the proportionate quota of troops required to be organized 
and trained by the state of Wisconsin is 10,400, the requirement 
to be fulfilled within approximately four years, and all such troops 
must annually have not less than fifteen days of field training. 



170 Messages to the Legislature 

Since the act became a Law the strength of the Wisconsin Na- 
tional Guard has been increased to approximately 4,500, officers 
and men, and must necessarily continue to increase until the full 
quota is reached. 

Under the old organization the annual appropriation necessary 
to maintain it was $200,000 per year. Owing to the increased 
number of men, made necessary by the new federal statute, it 
will be necessary to appropriate $300,000 per year, or $600,000 
for the next bi-ennium. When we have mustered in our full 
quota of 10,400 men it is estimated that the expense will be 
$600,000 per year. It follows then that our military expendi- 
tures will eventually increase $400,000 per year over and above 
the expenditures that we have been in the habit of making un- 
der our former guard organization. 

It will be observed that the new federal statute throws a large 
financial burden for military purposes upon the state. A sub- 
stantial increase in these expenditures is necessary to make it 
possible for the state to provide its quota of officers and men to 
enable the general government to carry out its plan of greater 
military preparedness, which is a national necessity for purely 
defensive purposes that should not be longer delayed. 

The disposition that the federal law makes of the guard is open 
to criticism. As the matter stands now the guard, although a 
state organization, is, in fact, part of the regular army of the 
United States, subject to the call of the President at any time 
and for any service. The term of enlistment is three years and 
three years reserve. Xo one will be heard to complain about the 
term of enlistment if the guard will be used as a reserved force 
at a time of threatened or actual invasion. If, however, it is used 
for mere police duty the situation is changed and is open to 
objections. Our own guard, and what I say of our men is true 
of guardsmen of other states, is composed largely of business men, 
professional men, skilled mechanics, office men and clerks, all of 
them regularly employed and are in the main men whose services 
are important to their business or employers and are, therefore, 
an important factor in our production. These men are all will- 
ing to serve their country in times of war or threatened war. I 
dare say, however, that few, if any, would wish to enlist as peace 
soldiers for mere police service. Such service should, in my judg- 
ment, be rendered by the regular army and if that force is not 



Session of 1917 171 

sufficient in strength it should be increased to a force large enough 
to enable it to render such service as has been rendered by the 
National Guard on the Mexican frontier. 

I recommend that you memorialize Congress to amend the Na- 
tional Defense Act so as to shorten the term of enlistment of the 
National Guard or restrict its use by the President to such serv- 
ice as will justify him in calling out reserve forces. 

The Protection of Fish and Game 

Our fish and game are a natural resource that deserves the 
attention of the legislature. No state in the union is by nature 
better adapted for the propagation of fish and such game as has 
its natural home here than the state of Wisconsin. 

The gradual diminution of game birds must be apparent to 
every observer. Valuable birds such as the prairie chicken and 
partridge are becoming very scarce, and unless we give them bet- 
ter protection there is great danger that these birds will become 
entirely exterminated so far as this state is concerned. 

There is also a noticeable decrease in the number of deer that 
are now seen in the woods by hunters as compared with former 
years. The necessity of better protection admits of no argument. 
It is, in my judgment, altogether a question of how we should 
proceed to accomplish it. We cannot hope to preserve our game 
birds by declaring an open season each year, and throwing the 
entire state open to the hunters. The control of open seasons, 
except for migratory birds, should be placed in the hands of the 
Conservation Commission, in order that it may be regulated with 
regard for the supply which is frequently affected by weather 
and other natural conditions. Zones or reservations should be 
established of suitable size where the shooting of game birds is 
at all times prohibited. Such a provision should also be made 
for the protection of deer. In order to carry out this plan I 
recommend that the income from the sale of fish and game li- 
censes, and whatever other income the commission may have from 
our wild life, should remain in the state treasury to the credit 
of the commission as a fund for its use. I recommend, further, 
that you make an appropriation from this fund sufficient to carry 
on the work of the commission that the law prescribes, the balance 
to remain in the treasury to be used for the purpose of estab- 



172 Messages to the Legislature 

lishing game preserves, and also for the purpose of establishing 
additional fish hatcheries, and for the purchase of apparatus nec- 
essary to successfully carry out the purpose of our fish and game 
laws. Provision should be made that the surplus funds that ac- 
cumulate may be expended by the commission, with the consent 
of the emergency board. In order to increase the income which 
can be made available for the purpose I have stated, I recom- 
mend an increase in non-resident license fee for fishing and hunt- 
ing, also a reasonable fee for deer tags. 

I make this recommendation on the theory that insomuch as the 
money which is paid into the fund will, under this plan, be used 
exclusively for the better protection of our wild life, those who 
hunt and fish will be willing to pay it in order to improve con- 
ditions for themselves. If every man who hunts and fishes would 
be willing to comply with the laws, the protection of our fish 
and game would be a simple matter. There is, however, an ele- 
ment of men who persist in violating the law whenever an oppor- 
tunity presents itself. In order to reach that element in a more 
effective manner, I recommend that there be a substantial increase 
in the penalties provided for violations and I recommend as an 
additional penalty that the law provide that in the case of the 
habitual violator the license to hunt or fish shall be cancelled and 
that the holder of such license shall not be eligible for another 
license for that season, or even a longer period. While these 
penalties may seem drastic, I believe them to be necessary for an 
effective enforcement of the law. Under present conditions it 
frequently happens that fish and game are taken out of season 
or in excessive quantities and disposed of at a price that enables 
the violator of the law to pay his fine and realize a profit. 

The commission should also be authorized to regulate the open 
season for fishing. The spawning season is not alike in all our 
lakes and it is generally admitted that in many of our northern 
lakes the open season comes too early and game fish are taken 
while on their spawning beds. The commission could manage the 
open and closed seasons in a scientific manner which, in my judg- 
ment, will greatly increase the supply of fish. 

Wisconsin is fast becoming the playground for the people of 
adjoining states. Thousands of visitors are annually coming into 
our northern woods for their summer vacation. This travel is a 
source of large income to our people. Therefore, aside from our 



Session of 1917 173 

own interests, and as a business proposition we should see to it 
that our lakes remain well stocked with fish in order to make our 
summer resorts attractive to those who enjoy the sport of fishing. 
Our fish and game laws are now administered by a strong com- 
mission. I call attention to its annual report and its recom- 
mendations, which will be placed before you. 

Development of Northern Wisconsin 

The problem of attracting settlers to the northern part of our 
state and of developing its industrial possibilities deserves your 
attention. The state should give reasonable assistance to any 
legitimate effort that is calculated to call the attention of home- 
seekers to the agricultural and industrial advantages of that sec- 
tion. Any reasonable sum of money used by the state in such 
enterprise will be a profitable investment because of the new prop- 
erty values that the opening of that vast area will place upon the 
tax roll. 

We should not merely attract settlers, but it is of even greater 
importance that we attract people who are, or will be, good citi- 
zens. I consider this feature of our northern development of 
first importance. The class of citizens best fitted for the task 
of converting our cut-over timber lands into farms are the young- 
men who have been reared in our western agricultural section, 
who will understand the task that they undertake in opening up 
a farm in a timbered section, and in order to bring the agricul- 
tural worth of our cut-over lands to the attention of that element, 
I recommend that you appropriate a reasonable amount of money 
to the Department of Agriculture to be used in exhibiting the 
agricultural products of northern Wisconsin to the people in the 
rural sections of our neighboring states. We may also call the 
attention of manufacturers to the water powers and other nat- 
ural resources in that section, with a view of developing indus- 
tries. 

Primary Law 

When the primary election law was adopted it was represented 
by its friends to be an improved system of making nominations 
for public office. It has been upon our statute books since 1905, 
and it must now be admitted that it has had a fair trial. While 



174 Messages to the Legislature 

the law is in some respects an improvement over the old caucus 
system, 1 believe it to be generally conceded that it is unsatis- 
factory in its present form and should be amended and changed 
in many respects. 

Despite all that has been said against conventions it has been 
fully demonstrated that there is a strong demand among the peo- 
ple for political gatherings. The fact that every political party 
of any consequence in the state holds conventions or conferences 
(which are in effect conventions under another name) is a com- 
plete answer to the argument that party conventions are unneces- 
sary or undesirable. Party conventions should be provided for 
by law to enable members of the parties to meet and agree upon 
a declaration of principles that the party stands for. The pres- 
ent system of permitting successful candidates to meet after pri- 
mary and decide upon a platform with which to go to the people 
for election is wrong in principle and destructive of political par- 
ties. Under that system the candidates may promise most any- 
thing to the voter before the primary and completely change their 
political views after the primary, if in their judgment it is neces- 
sary to make such changes to meet political conditions. 

To present a complete criticism of the primary law and give a 
full history of its disappointing features would require more space 
than I can devote to it in this message. In fact, the weak spots 
in the law are so well understood by the people of our state that 
an exhaustive analysis seems unnecessary. 

I recommend such legislation as will create the legal machinery 
necessary to call state party conventions, at which the represen- 
tatives of the party who have been elected by the people at a pri- 
mary may meet and decide upon the principles that the party 
shall advocate and stand for, such platform to be accepted and 
agreed to by the candidates who seek election under the party 
name. 

It is a common practice in this state, under the primary sys- 
tem, that voters under the influence of personal political organi- 
zations are prevailed upon to vote for the candidates of an oppos- 
ing party at the primary for their own political advantage, or, 
what is still more objectionable, to carry out a trade or agreement 
for mutual political advantage with some candidate or his rep- 
resentatives. Such practice is political corruption and 'should be 
stopped. In order to protect our primaries against such evil in- 



Session of 1917 175 

fluences I recommend that provisions be made by law that will 
permit only the adherents of a party to vote its ticket at a pri- 
mary election. 

The primary law, insofar as it relates to the selection of can- 
didates for public office, was adopted by a vote of the people. 
Any attempt to repeal it should be referred to the people for 
their decision. 

T.exure of Office of the GovERxoPt and Short Ballot 

In view of the fact that I am now serving my second term as 
governor of this state, I feel safe in making recommendations 
affecting the tenure of office of the governor and other constitu- 
tional officers without laying myself open to the criticism by my 
political opponents that I am making a recommendation that 
might affect my own term. 

I believe it to be clearly in the interest of the people that the 
term of office of the governor be four years instead of two years, 
as the constitution now provides. I also recommend that the sec- 
retary of state, state treasurer and attorney general, who should 
constitute the governor's cabinet, be appointed by him instead of 
elected as the law now provides. Under our present system of 
biennial elections, the governor and the officers whom I have 
named are obliged to devote too much time to politics. 

The needs of our state government may be compared with those 
of a large business. It is not engaged in money making, but has 
all the functions to perform that come to a well organized peo- 
ple's government. The governor is the responsible head and the 
people will do well for themselves if they will give him an op- 
portunity to study, without interruption, the details of govern- 
ment,' and make such improvements in the interest of efficiency 
and economy as any good governor will wish to make if he is given 
the time that he needs to make the necessary investigations. Un- 
der our present system he must, within ten days after he is in- 
augurated, send a message to the legislature which should give 
detailed information and well thought out recommendations con- 
cerning all state institutions, and for such other legislation as 
may promote the welfare of the people. 

If he desires to be re-elected, he must devote practically the 
entire second year of his term to his campaign. This necessi- 



176 Messages to the Legislature 

tates long periods of absence from his office. In fact, it makes 
it impossible for him to give the attention to the state's affairs 
that he should. Furthermore, the expense connected with the 
campaigns is too great — in fact much greater than the salary 
which the office pays justifies. This feature I regard as of spe- 
cial importance to the people for the following reason: Under 
the primary system it is necessary for the candidate for governor 
to make a state-wide campaign for his nomination. If he is 
nominated he must again make a state-wide campaign for his 
election. The law permits him to spend $5,000 for the two cam- 
paigns, which is a small amount when we consider the fact that 
we have 700,000 men in the state who are qualified voters. A 
poor man will be unable to meet these campaign expenditures 
with his salary and have anything left for his living expenses. 
The result is, that he cannot aspire to the office unless he is 
willing to accept campaign contributions, which no governor 
should do. The office is of great importance to the people and 
its incumbent should at all times be in position to serve the 
people. In order to do this he must be free from any and all 
political obligations, particularly such obligations as might be in- 
curred by accepting campaign contributions. 

The time that it requires to make the campaign and the money 
which it costs, which in many cases must be a hardship, could be 
saved if the governor were permitted to serve four years instead 
of two, as the constitution now provides. The people are amply 
protected against a dishonest or, for that matter, an incompetent 
man who may at some time get the office. If he does not serve 
the public faithfully there is provision made for his removal from 
office by impeachment proceedings. 

The argument which I have presented here in favor of a four 
year term for the governor applies with equal force to the secre- 
tary of state, the state treasurer and the attorney general. Fur- 
thermore, these officers come to the capitol as part of the state 
administration, of which the governor is the responsible head. 
They should be the governor's advisors and should, therefore, 
represent the same political views as the governor. It is decid- 
edly injurious to the state government and, therefore, a loss to 
the people if any of the departments are opposed to the governor's 
policies and engage in political schemes to make his administra- 



Session of 1917 177 

tion unpopular with the people. There is nothing helpful or con- 
structive in that kind of a situation. 

I might set forth many other reasons, if time and space would 
permit, which I regard as strong arguments for the proposition 
that the secretary of state, state treasurer and attorney general 
should be appointed by the governor instead of elected and that 
their term of office should be the same as that of the governor. 

I recommend that you pass such resolutions as are necessary 
for the next legislature to act upon to so amend the state con- 
stitution as to extend the term of office of the governor from 
two to four years and to make the offices of secretary of state, 
state treasurer, and attorney general appointive, such appoint- 
ments to be made by the governor for a period that will corre- 
spond with his own term of office. 

Lobbying 

During the session two years ago there was a pernicious lobby 
present that interfered with the work of the legislature. It is 
every citizen's privilege to come before your committees to be 
heard upon any subject in which he is personally interested. It 
is, also, every citizen's privilege to be represented by counsel. 
The law recognizes this right and if properly exercised there can 
be no objection. In fact, it is in many respects desirable because 
it is well for the legislature to know in advance what effect laws 
that are proposed will have upon the people. It is not that class 
of lobbying that I refer to when I speak of a pernicious, lobby. 
It is the lobbying carried on by men who are open for hire for 
any cause and who attempt to lead members into combinations 
to prevent wholesome legislation for the people, unless their own 
demand is submitted too. I warn you, members, against such 
influences, and I will make the statement now in order that all 
may understand it, that I shall use all the powers of my office 
to resist such influences and punish the guilty parties of the un- 
lawful methods that were employed two years ago are again at- 
tempted. 

Short Session 

Finally, I wish to remind you that it is the desire of the people 
of the state of Wisconsin that your body and the governor pro- 



178 Messages to the Legislature 

tect them against reckless extravagance and that we will not in- 
crease the burden of taxation beyond what it is necessary to do 
to give the people an efficient government. I also hope that you 
will be impressed with the suggestion that you so arrange your 
work that you will be able to adjourn at an early date and in 
that manner comply with the general public demand for a short 
session. The legislative budgets have been thoroughly investi- 
gated and carefully prepared and you should be able to dispose 
of them without undue delay. 

Two years ago much delay was caused by factional interests 
and political scheming. I hope this will not re-occur. I have no 
personal political interest that I ask you to concur in or give 
me assistance. I am serving as governor for all the people and 
I ask only such legislation as is in their interest. There should 
be no serious disagreement over the question of policy if we have 
only the state's interest in mind and I hope, therefore, that small 
politics will have no place in your deliberations. 

I shall at some future date address you on the subject of fur- 
ther consolidations of the work of state commissions. Also bet- 
ter regulation of the liquor traffic. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint George 
J. Weigle, of Milwaukee, Wisconsin, to be Dairy and Food Com- 
missioner, for the term ending on the first Monday in February, 
1919. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, January 19, 1917. Governor. 



To the Honorable,- the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint Henry 
P. Trumbower, of Madison, Wisconsin, to be a member of the 
Railroad Commission of Wisconsin for the term ending on the 
first Monday in February, 1923. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated January 19, 1917. Governor. 






Session of 1917 179 

To the Honorable, the Legislature-. 

This is to formally notify you that pursuant to the statute gov- 
erning, I have this day appointed the following members of the 
senate and assembly to constitute the visiting committee : 
From the senate : 

Eugene F. Clark, of G-alesville, 
W. W. Albers, of Wausau. 
From the asesmbly : 

W, L. Smith, of Neillsville, 
E. S. Young, of Darien, 
Fred Hess, of Waupaca, 
Henry J. Janssen, of West DePere. 
The commissions of the members of this committee have been 
transmitted to the sergeant-at-arms of the senate and assembly. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, January 26, 1917. Governor. 



To the Honorable, the Senate: 

A vacancy having occurred in the membership of the Tax Com- 
mission by the resignation of Thomas S. Adams, I did, pursuant 
to the statutes governing, on the 10th day of November, 1915, the 
legislature not then being in session, appoint Carroll Atwood, of 
Milwaukee, to fill such vacancy for the unexpired portion of the 
term ending on the first Monday in May, 1919, subject to con- 
firmation by the senate. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, January 30, 1917. 



To the Honorable, the Senate: 

Pursuant to the statutes governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint : 

Fred Pabst, of Oconomowoc, Wisconsin, to be a member of the 
State Highway Commission, for the term ending on the first Mon- 
day in February, 1923. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, January 31, 1917. 



180 Messages to the Legislature 

To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

C. W. Harvey, of Beaver Dam, Wisconsin, to be a member of 
the State Fair Advisory Board of the Department of Agriculture, 
for the term ending on the first Monday in February, 1921. 

G. X. Mihills, of Fond du Lac, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday in February, 1921. 

H. L. Griswold, of West Salem, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday in February, 1921. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, February 1, 1917. Governor. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint : 

Dr. C. A. Richards, of Rhinelander, Wisconsin, to be a member 
of the State Board of Health and Vital Statistics, for the term 
ending on the first Monday in February, 1924. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, February 13, 1917. Governor. 



To the Honorable, the Legislature : 

I herewith return bill No. 416, A., without my approval. This 
bill authorizes county boards to appropriate to a private person or 
corporation not to exceed five hundred dollars to aid in the con- 
struction or operation of a ferry located in the county making the 
appropriation. It also legalizes any appropriation heretofore made 
for any such purpose. 

The supreme court of this state early laid down the just prin- 
ciple, that the legislature could not raise money, or authorize 
it to be raised, by taxation, for the purpose of donating it to a 
private person or corporation. Money can be raised by taxation 
for public purposes only. 

As was said by Chief Justic Ryan in Attorney vs. Eau Claire, 
37 Wis. 436. "The legislature can delegate the power to tax to 
municipal corporations for public purposes only; and the va- 



Session of 1917 181 

lidity of the delegation rests on the public purpose. Were this 
otherwise municipal taxation might well become municipal 
plunder." 

An act of the legislature of 1867, which authorized Fond du 
Lac count} r to donate money to the Sheboygan, and Fond du Lac 
Eailroad Company to aid in building a railroad from Fond du 
Lac to Ripon, was held unconstitutional. 

Whiting vs. Sheboygan and Fond du Lac Railroad Com- 
pany, 25 Wis. 167. 
Another act of the same legislature, authorizing the town of 
Jefferson, in Jefferosn county, to raise five thousand dollars to 
aid in the erection of buildings for the Jefferson Liberal Insti- 
tute, a private educational institution, was held unconstitutional. 
Curtis vs. Whipple, 24 Wis. 350. 
The action of the county board of Douglas county, in deeding to 
the Northern Pacific Eailroad Company certain lands belonging 
to the county upon condition that the railroad company build a 
line of road into said county, was held void. 

Ellis vs. Northern Pacific Railroad Company, 77 Wis. 114. 

An act of the legislature of 1895, providing that habitual 

drunkards might be sent to some institute for the cure of drunkards 

and treated there at the expense of the county of which the 

drunkard was a resident, was held unconstitutional. 

Wisconsin Keeley Institute Company vs. Milwaukee County, 
95 Wis. 153. 
And a subsequent act of the legislature appropriating state funds 
to pay innocent purchasers of county orders issued to such institu- 
tion in payment of treatment of drunkards was held unconstitu- 
tional. 

State ex rel. Garrett vs. Froehlich, 118 Wis. 129. 
If the legislature cannot authorize the county board to appro- 
priate money for this purpose, it cannot legalize appropriations 
heretofore made. 

Under the foregoing authorities, I am clearly of the opinion 
that bill No. 416, A., is unconstitutional and for that reason I 
return the same without my approval. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated at Madison, Wisconsin, 
•April 4, 1917. 9 :55 A. M. 



182 Messages to the Legislature 

To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint L. Albert 
Karcl, of Kewaunee, Wisconsin, to be a member of the State Board 
of Public Affairs, for the term ending February 1st, 1919. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated April 4, 1911. 



To the Honorable, the Senate: 

Pursuant to the statute governing, T hereby nominate and, by 
and with the advice and consent of the senate, appoint George 
P). Hudnall, of Superior, Wisconsin, to be a member of the State 
Board of Public Affairs, for the term ending February 1st, 1919. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated April 4, 1917. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint George 
A. West, of Milwaukee, Wisconsin, to be a member of the State 
Board of Public Affairs, -for the term ending February 1st, 1919. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated April 4, 1917. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint : 

B. N. Moran, of Rhinelander, Wisconsin, to be State Supervisor 
of Inspectors of Illuminating Oils, for the term ending on April 
1st, 1919. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, April 26, 1917. 



Session of 1917 183 

To the Honorable, the Senate: 

I herewith return, without my approval, Bill No. 327, S. 

This bill provides that it shall be unlawful for any pupil attend- 
ing any public school in the city of Milwaukee to join any frater- 
nity or sorority, except such as are sanctioned by the school board. 
It then provides that any pupil who does join any fraternity or 
sorority not so sanctioned may be dismissed or suspended from 
school, or prevented from graduating or participating in school 
honors. 

The foregoing provisions of the bill I find no serious fault with. 
However, in addition to the foregoing provisions the bill also pro- 
vides that any pupil who shall join any such fraternity of sorority 
"is hereby declared to be a delinquent child and may be proceeded 
against and dealt with accordingly under the laws of this state 
concerning delinquent children." 

It also provides that any person who shall cause, solicit, induce or 
encourage any such pupil to join any such fraternity or sorority 
"shall be deemed guilty of violating the laws of this state concerning 
persons who cause, encourage or contribute to the delinquency of 
children and shall be proceeded against under such laws and will 
be dealt with accordingly." 

In my judgment a pupil has been sufficiently punished for join- 
ing a fraternity or sorority when he has been dismissed or sus- 
pended from school. But this bill goes farther and punishes such 
pupil as a delinquent child. 

Under the laws of this state, section 573 — 6, a delinquent child 
is taken before the juvenile court and a finding there made and 
entered by the clerk that such child is delinquent. Whereupon 
the court may commit the child to the care of a probation officer 
until, if a girl, she has reached the age of eighteen years and, if a 
boy, the age of seventeen years; except that if a girl is between 
the ages of seventeen and eighteen, or a boy is between the ages 
of sixteen and seventeen, they are to continue in charge of the 
probation officer for one year; or the court may cause the child 
to be placed in a suitable home, other than its own, subject to the 
supervision of the probation officer; or the court may commit the 
child, if a boy, to the Industrial School for Boys, or if a girl, to 
the Industrial School for Girls; or the court may commit the 
child to the care and custody of some association or institution 
that will receive it, embracing in its objects the care of neglected, 
dependent or delinquent children. 



184 Messages to the Legislature 

The provision of the bill which declares the pupil to be a delin- 
quent and punishes him accordingly gives the child a prison 
record and a reputation through life which, in my judgment, he 
does not deserve for the offense committed. To join a fraternity 
or sorority in any other educational institution in the state is not 
prohibited, but, on the other hand, is encouraged by many of 
them. To say by law that the joining of a fraternity or sorority 
in Milwaukee is a crime for which a boy or girl may be taken 
from their parents and placed in a penal institution, thereby 
marring his or her entire future career, is a proposition so abhor- 
rent to me that I cannot conscientiously give my approval to a 
bill which would impose it. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, May 2, 1917. 



To the Honorable, the Senate : 

I herewith return bill No. 367, S., without my approval. 

As the law now stands the Secretary of State is required to 
transmit, on April first of each year, to the County Clerk, Sheriff 
and Chief of Police in each city in the state and to every Village 
Clerk making application therefor, a list of all registrations of 
automobiles, motor cycles and other motor vehicles from January 
first up to that date, and, during the months of June:, August, 
October and November of each year he is required to transmit 
supplementary lists to these same officials. The cost of printing 
these lists in 1916 amounted to $2,051.47. 

Under this bill, should it become a law, "the state printing 
board may provide for more frequent service and distribution of 
such registry lists by contract or otherwise as the best inter- 
ests of the state and the most reliable and frequent distribution 
of such lists requires, at a cost not to exceed fifty-five dollars per 
thousand licenses registered and distributed." 

The Constitution, section 25 of Article IV, provides that the 
legislature shall provide by law that all printing done for the 
state "shall be let by contract to the lowest bidder," and yet 
this bill provides that the printing done under its provisions may 
be done "by contract or otherwise, as the best interests of the 
state and the most reliable and frequent distribution of such 
lists require." 



Session of 1917 185 

No such power rests with the legislature. Public printing done 
for the state must be done by contract and the legislature has no 
power to enact a law which provides that it may be done otherwise 
than by contract, even though the best interests of the state may, in 
its opinion, so require. 

I am advised by the state printer that if in the future no more 
licenses were issued and no more frequent distributions made than 
were made last year, the cost thereof at fifty-five dollars per 
thousand, the maximum limit imposed in the bill, would be 
$6,930.00, or an increase over last year of $4,878.53. This fact 
demonstrates the wisdom of the constitutional provision. Under 
the bill there is no limit placed upon the "more frequent service 
and distribution of such registry lists/' It would be possible 
under the provisions of the bill to have them published and dis- 
tributed daily, which, of course, would also enormously enhance 
the present cost of printing and distribution. 

Present conditions demand that we practice every possible 
economy in the administration of state government, and I shall 
not agree to any expenditures that can be avoided without seri- 
ous injury to the state service. 

Respectfully submitted, 

' EMANUEL L. PHILIPP, 

Governor. 

Dated May 4, 1917. 



To the Honorable, the Assembly: 

I herewith return, without my approval, bill No. 442, A. 

Under the present law, the charge for examinations, views, 
fees, appraisals, commissions, renewals and charges of all kinds 
and descriptions in procuring, making and transacting of busi- 
ness connected with loans secured by chattel mortgages, bills of 
sale, pledges, receipts or other evidences of debt upon chattel 
goods or property, or by assignment of wages, is four per cent 
per annum on the original sum actually loaned for the time of the 
loan, on sums of over one hundred dollars, and seven per cent per 
annum on the original sum actually loaned for the time of such 
loan, on sums of one hundred dollars or less. 

This bill, if it becomes a law, would permit a charge for these 
purposes of only four per cent per annum upon the original sum 
actually loaned for the time of the loan, on all sums loaned, 
whether over or under one hundred dollars. 



186 Messages to the Legislature 

I am advised that there is only one concern in the state that 
makes any extensive loans on this kind of security, to-wit: The 
Provident Loan Society of Milwaukee. This company is organ- 
ized with eighty thousand dollars capital, and I am advised that 
it has not paid its stockholders dividends averaging more than 
four per cent per annum during the time it has been organized. 
1 1' this bill were to become a law, it would reduce the net earnings 
of this company approximately fifty per cent and in the future 
the stockholders would receive not to exceed two per cent per 
annum in dividends. 

The amount received for making these examinations, etc., is 
entirely absorbed in making the examinations, and this class of 
loans cannot, of course, safely be made without the examinations. 

The Provident Loan Society has been helpful in protecting 
people who have to borrow money on collateral of doubtful value 
against exorbitant fees and charges, amounting in many cases to 
twenty-five per cent and upwards on the sum loaned. 

In my judgment, organizations of the type of the Provident 
Loan Society could not longer exist if the possible return upon 
their investment is reduced below four per cent per annum. 

In order to safeguard the interests of those who must of ne- 
cessity borrow small sums of money upon furniture and similar 
security, and to protect them against exorbitant interest and com- 
mission charges made by private money lenders, I deem it my 
duty to withhold my approval of this bill. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, May 11, 1917. 



MEMORANDUM ATTACHED TO BILL No. 34, A. 

I am somewhat reluctant to give my consent to this bill, No. 
34, A. 

Chapter 375 of the Laws of 1903 empowered cities of the first 
class to engage in supplying fuel to its citizens. Chapter 289 of 
the Laws of 1913 (now section 959 — 116 of the Statutes) author- 
izes and empowers cities of the first class to manufacture and 
sell ice. 

Milwaukee, the only city to which these acts applied, has never 
engaged in either of these enterprises, and, therefore, the constitu- 




Session of 1917 18? 

tionality of the above acts have never been decided by the courts 
of this state. 

The Supreme Court of Georgia in 1910, in the case of Holton 
vs. Camilla, 134 Ga. 560, held that an act of the legislature of 
that state authorizing the city of Camilla to own and operate an 
ice plant and sell its products was constitutional. 

On the other hand the Supreme Court of Louisiana in 1914, in 
the case of Union Ice & Coal Company vs. the Town of Ruston, 
135 La. 898, held that an act of the legislature of that state author- 
izing cities to own ice plants and sell its inhabitants ice was uncon- 
stitutional, and refused to follow the Georgia case. 

The late Justice Timlin of our own Supreme Court, in the case 
of State ex rel. Mueller vs. Thompson, 145 Wis. 488, in which 
the validity of an ordinance, proposed under the so-called "Home 
Eule Act," authorizing the city of Milwaukee to engage in the 
ice business, was before the court for decision, said in reply to the 
argument that the furnishing of ice was a "municipal affair"; 
"It was said by counsel in argument that the furnishing of water 
by a city to its inhabitants is a municipal affair; that ice is but 
frozen water; hence the furnishing of ice must be a municipal 
affair. But things which are similar from a physical or 
chemical viewpoint, may be dissimilar from the legal viewpoint; 
under a statute authorizing a city to buy coal it probably could not 
buy diamonds, although it is said they are chemically identical. 
Neither is atmospheric gas passed through a varying aperture and 
articulated by varying contracts always equivalent to argument. 
The difference between the collection and distribution of water 
mains of pipes laid in the streets and the manufacture, sale and 
distribution of ice is that the first is in the nature of a monopoly, 
while the second is a competitive business enterprise. The first 
does not depend so largely upon skill in management." 

The court did not in this case decide whether the ordinance if 
passed would be constitutional or not, but held that the "home 
rule" act under which the ordinance was proposed, was uncon- 
stitutional. 

Eegarding municipalities engaged in the coal business the Justice 
of the Supreme Court of Massachusetts twice advised the legis- 
lature of the state that it would not constitutionally authorize local 
municipalities to engage therein. 155 Mass. 601 ; 182 Mass. 605. 

The Supreme Court of Michigan also held, in Baker vs. Grand 
Rapids, 142 Mich. 687, that the buying and selling of coal was not 



188 Messages to the Legislature 

a public purpose and, therefore, the legislature could not legally 
authorize a city to engage in it." 

On the other hand, the Supreme Court of Maine, in Laughlin 
vs. Portland, 111 Me. 480, held that the buying and selling of 
fuel was a public purpose and, therefore, an act authorizing cities 
of that state to engage therein was constitutional. 

In view of these conflicting decisions of Supreme Courts of other 
states and there being no decisions of our own Supreme Court 
squarely on the subject, and as this bill only adds to the class of 
cities which may engage in the ice and fuel business, I have thought 
it the best and wisest course to pursue to sign the bill and leave 
its constitutionality to the courts to determine. 

(Signed) EMANUEL L. PHILIPP, 

May 14, 1917. Governor. 



MEMORANDUM ATTACHED TO BILL No. 141, S. 

I have approved Bill No. 141, S. The general principles em- 
bodied in this bill meet with my approval, but in my opinion 
there should be some amendments made to the act at this session 
of the legislature. The amendments, which in my opinion ought 
to be made, are the following: 

The bill provides that parents, guardians or curators must give 
their consent to a license being granted to males between the 
ages of eighteen years and twenty-one years, and females between 
the ages of fifteen and eighteen years. There are no such persons 
in this state as curators. Therefore!, I suggest that the word 
"curators" be eliminated from the bill. 

Section 2339n — 5 of the bill provides for the consent of parents 
or guardians when the parties to the proposed marriage are within 
certain ages. As these ages, in the case of females, do not coincide 
with the age of legal majority, there might be confusion as the 
law now stands, as to the meaning of the expression "age of legal 
majority" and "minor or minors." I would suggest that such 
changes be made in the bill as will remove this confusion. 

The bill provides that "any person" may file a. petition with 
the county court asking that the license be not granted. This in 
my opinion is too broad. No person except a parent, a near 
relative or a guardian should have the legal right to file objections 
to the license being granted. If the words "any person" are 
retained, it would, in my opinion, afford meddlesome and other 
persons, for mercenary or other unworthy motives, an opportunity 




Session of 1917 189 

to file objections, which ought not to be permitted. I suggest 
that the words "any person" be stricken out of section 2339n — 6, 
and the words "any parent, grandparent, brother, sister or guardian 
of the applicants for such license" be inserted. 

The bill provides that the county court, upon objection being 
filed, shall serve notice forthwith upon the applicants for such 
license. One or both of the applicants may be non-residents of the 
state, and, therefore, it would be impossible to serve notice upon 
them. I would suggest that the act be so amended as to provide 
that notice be served upon one or both applicants if residents of 
this state, but if both or either of said applicants are non-residents 
of the state, then service should be made by publication or posting. 

The act provides that if, upon hearing, the objections be sus- 
tained, the court shall make an order refusing the license. I 
would suggest that this language be so changed as to make it 
clear that the court cannot sustain the objections unless it be for 
fraud or some of the legal grounds which would make the parties 
incompetent to marry. 

Section 2339n — 18 of the bill provides that any person who shall 
ueglect or refuse to transmit the triplicate certificate of any mar- 
riage to the local registrar of vital statistics, shall be fined not 
less than twenty nor more than two hundred dollars. This neglect 
may be entirely innocent and unintentional, and to impose a fine of 
not less than twenty dollars for such failure would, in my opinion, 
be altogether too harsh. I would suggest that the words "not 
less than twenty dollars nor more than two hundred dollars" be 
stricken out, and the words "not more than two hundred dollars" 
be inserted in lieu thereof. 

Section 2339n — 19 of the bill provides that any county clerk 
who shall refuse or neglect to enter upon the marriage license 
docket any license immediately after the same shall have been 
issued, shall be fined fifty dollars. Here also the neglect may 
be entirely innocent and unintentional, and to fine the clerk fifty 
dollars would, in my opinion, be too severe. I suggest that the 
words "of fifty dollars" be stricken out, and the words "not to 
exceed fifty dollars" be inserted in lieu thereof. 

I have had a bill prepared embodying these amendments which 
will be presented to the legislature, and I sincerely hope that the 
same may be passed at this session. 

EMANUEL L. PHILIPP, 

Dated, May 14, 1917. Governor. 



190 Messages to the Legislature 

EXECUTIVE COMMUNICATION. 

To the Honorable, the Legislature'. 

I herewith return, without my approval, bill No. 482, A. This 
bill authorizes any city in the state to buy and sell to the inhab- 
itants of such city, any of the common necessities of life. 

The legislature has no constitutional authority to grant such 
power to cities ; neither have the cities the constitutional author- 
ity to engage in such business, because the business is not public 
in the constitutional sense, neither is it one of the functions of 
government to engage in such business. 

As was said by the Supreme Court of Massachusetts, in 155 
Mass. 601, "If such a business is to be carried on, it must be with 
money raised by taxation. It is settled that the legislature can 
authorize a city or town to tax its inhabitants only for public 
purposes. This is not only the law of this commonwealth, but of 
the states generally and of the United States. 

"There are nowhere in the constitution any provisions which 
tend to show that the government was established for the pur- 
pose of carrying on the buying and selling of such merchandise 
as, at the time Avhen the constitution was adopted, was usually 
bought and sold by individuals, and with which individuals were 
able to supply the community, no matter how essential the busi- 
ness might be to the welfare of the inhabitants. The object of 
the constitution was to protect individuals in their rights to 
carry on the customary business of life, rather than to authorize 
the commonwealth, or towns, or parishes, or precincts, or other 
bodies politic, to undertake what had usually been left to the pri- 
vate enterprise of individuals." 

Chief Justice Evan of our own court, in Attorney-General vs. 
Eau Claire, 37 Wis. 436, said: "The legislature can delegate the 
power to tax to municipal corporations for public purposes only; 
and the validity of the delegation rests on the public purposes. 
Were this otherwise, municipal taxation might well become mu- 
nicipal plunder." 

It is true as was said by the Supreme Court of Maine, in 
Laughlin vs. Portland, 111 Me. 486 : "The courts have never 
attempted to lay down with minute detail and inexorable rule 
distinguishing public from private purposes, because it would be 
impossible to do so. Times change. The wants and necessities of 
the ppople change. The opportunity to satisfy those wants and 



Session of 191? 191 

necessities by individual effort may vary. What was clearly a 
public use a century ago, may, because of changed conditions, 
have ceased to be such today. 

"On the other hand, what could not be deemed a public use a 
century ago may, because of changed economic and industrial 
conditions, be such today/* 

All courts of this country are agreed that for a municipality to 
engage in a general mercantile business would not be a public 
purpose, and therefore unconstitutional. 

The Supreme Court of Maine, which sustained an act authoriz- 
ing cities to engage in the ice business, said, in an opinion in that 
case: Lauglilin vs. Portland supra "Taxes cannot be imposed 
to aid a private enterprise and a municipality cannot assist in- 
dividuals or corporations to establish or carry on such business, 
either directly or indirectly, nor can it engage in such business 
itself." 

The Supreme Court of Maine also, in 58 Me. 590, said that 
"the less the state interferes with industry, the less it directs and 
selects the channels of enterprise, the better. There is no safer 
rule than to leave to individuals the management of their own 
affairs. Every individual knows best where to direct his labor, 
every capitalist where to invest his capital. If it were not so. 
as a general rule, guardians should be appointed and who would 
guard the guardians? 

"To give the power suggested would be to enable the majority, 
according to their own will and pleasure, to give, lend and invest 
the capital of others, and to the extent of the power exercised, it 
would be to deprive the owners of the ability to give, lend or 
invest their own funds. Let this be done, and the remaining 
rights of property would be hardly worth the preserving. 

"To do this would be to impair or take away the inherent and 
inalienable right of 'acquiring, possessing and protecting prop- 
erty" ; to deprive men of their property neither 'by the judgment 
of their peers' nor 'by the law of the land'; to take private prop- 
erty not for public but for private uses without compensation 
and to undermine the very foundations upon which all good gov- 
ernment rests." 

The Supreme Court of Michigan, in People ex rel. Detroit & 
H . R. Co., vs. Salem, 20 Mich. 452, said: "Certain things of 
absolute necessity to civilized society, the state is precluded, either 



192 Messages to the Legislature 

by express constitutional provision or by necessary implication, 
from providing for at all; and they are left wholly to the fostering 
care of private enterprise and private liberality. 

"By common consent, a large portion of the most urgent needs 
of society are relegated exclusively to the law of demand and 
supply. It is this in its natural operation, and without the inter- 
ference of the government, that gives us the proper proportion 
of tillers of the soil, artisans, manufacturers, merchants and pro- 
fessional men, and that determines when and where they shall 
give to society the benefit of their particular services. However 
great the need in the direction of any particular calling, inter- 
ference of the government is not tolerated, because, though it 
might be supplying a public want, it is considered as invading 
the domain that belongs exclusively to private inclination and 
enterprise. We perceive, therefore, that the term 'public pur- 
pose' as employed to denote the objects for which taxes may be 
levied, has no relation to the urgency of the public need or to the 
extent of the public benefit which is to follow. It is, on the 
other hand, merely a term of classification to distinguish the 
object for which the government is to provide, from those which 
are left to private inclination, interest or liberality." 

The Supreme Court of the United States, in Citizens' Saving 
and Loan Assn., vs. Topeka, 20 Wallace 655, said, "None of the 
purposes for which cities and towns have been authorized to 
raise money has included anything in the nature of what is com- 
monly called trade or commercial business." 

The Supreme Court of Massachusetts, in 182 Mass. 602, said, 
"Until within a few years, it generally has been conceded not 
only that it would not be a public use of money for the govern- 
ment to expend it in the establishment of stores, and shops for 
the purpose of carrying on a business of manufacturing or selling 
goods in competition with individuals, but also that it would be 
a perversion of the function of government for the state to enter 
as a competitor into the field of industrial enterprise with a 
view either to the profit that could be made through the income 
to be derived from the business, or to the indirect gain that might 
result to the purchasers if prices were reduced by governmental 
competition. 

There may be some now who believe it would be well if busi- 
ness was conducted by the people collectively, living as a com- 



Session of 1917 193 

munity and represented by the government, in the management 
of ordinary industrial affairs. But nobody contends that such a 
system is possible under our constitution. It is plain, however, 
that taxation of the people to establish a city or a town in the 
proprietorship of an ordinary mercantile or manufacturing busi- 
ness would be a long step towards it. If the business of furnish- 
ing provisions and clothing and other necessaries of life, were 
taken up by the government, men who now earn a livelihood as 
proprietors would be driven out of business, and would be forced 
to work as employes in stores and shops conducted by the public 
authorities." 

The Supreme Court of South Carolina, in McCullough vs. 
Brown, 41 S. C. 220, said, "It seems to us clear that any act of 
the legislature which is designed to, or has the effect of, embark- 
ing the state in any trade which involves the purchase and sale of 
any article of commerce, is outside and altogether beyond the 
legislative power conferred upon the general assembly by the 
constitution, even though there may be no express provision in 
the constitution forbidding such an exercise of legislative power. 
Trade is not and cannct properly be regarded as one of the 
functions of government. On the contrary, its function is to pro- 
tect the citizen in the exercise of any lawful employment, the 
right to which is guaranteed to citizens by the terms of the con- 
stitution and certainly has never been delegated to any depart- 
ment of the government." 

The Supreme Court of Louisiana, in Union Ice and Coal Co. 
vs. Ruston, 135 La. 989, said, "The fact that shoes and ready- 
made clothing could be manufactured more cheaply by the mu- 
nicipality in connection with its public utilities, would not jus- 
tify the town in going into the shoes and clothes business." 

There is no authority in this country contrary to the expres- 
sion of the courts in the foregoing cases. It is universally con- 
ceded that municipalities cannot engage in business such as this 
bill contemplates, neither does it change the situation to say that 
the city shall not engage in it for profit. 

I am so clearly of the opinion that the bill is unconstitutional, 
that I cannot give it my approval. 

Respectfully submitted : 

EMANUEL L. PHILIPP, 
Dated Madison, Wisconsin, May 15th, 1917. Governor. 



194 Messages to the Legislature 

To the Honorable, the Legislature : 

Bill No. 57, A., popularly known as the "liquor referendum 
bill" is before me for approval. I have given its provisions 
careful consideration and take this means of advising you that 
I cannot agree to all of its provisions. 

Before discussing my objections to some of the prohibitions 
that are incorporated in the bill I wish to make a brief state- 
ment with reference to my position upon the question of ref- 
erendum. 

Generally speaking I am opposed to submitting legislation to 
the people for their adoption. The system is not practical be- 
cause several propositions can be embodied in one bill. The 
people cannot amend it or change it and, in the end, the bill 
will either be adopted or fail upon the main questions contained 
therein. It may at the same time contain minor provisions that 
are objectionable but are carried through by the larger interests. 

Furthermore, in 1914, the question of an amendment to the 
constitution providing for the initiative and referendum was 
before the people. It was thoroughly discussed and was voted 
down by a vote of 143,000 against 81,555 in favor of the proposi- 
tion. I opposed the system at that time and I have had no occa- 
sion to change my mind, as I still firmly maintain that this is a 
representative form of government and those who are selected to 
represent the people in the Legislature should legislate for them, 
rather than to pass that duty to the people themselves. 

However, to be entirely fair with the bill before us, and to 
give its friends an opportunity to submit it to the vote of the 
people, I will waive my objection to the referendum generally 
and will approve of bill No. 57, A., if certain objectionable 
features that I feel that I ought not agree to are eliminated. 

By paragraph (b) of subsection 1 of section 1569m, as pro- 
posed by the bill, the manufacture of liquor in this state is pro- 
hibited, although it is intended to be sold in another state or 
country where the law permits of its sale. Not only is the manu- 
facture prohibited, but, by paragraph (c), no person in this state 
is permitted to sell or have in his possession for sale any liquor, 
although it is for consumption in another state or country, where 
the law permits of its use. 

I maintain that these provisions go farther than it is neces- 
sary to establish prohibition in the state of Wisconsin. We must 



Session of 1917 195 

not lose sight of the fact that vast sums of money have been in- 
vested in property in this state that is used in the manufacture of 
liquor, the larger part of which is shipped out of the state for con- 
sumption in other states and in other countries. The brewing in- 
dustry alone in this state represents an investment of approximately 
$54,000,000.00. I have no figures available to show the invest- 
ments in distilleries, but no doubt they are large also. 

These properties have been built up under sanction of the law 
and it seems only fair and equitable that the manufacture for ship- 
ment out of the state shall be permitted to continue, even though 
the state adopts the bill before us, which is an absolutely cr bone 
dry" law. 

No one will urge successfully that the closing of these institu- 
tions in the state of Wisconsin will reduce or in any way mini- 
mize the consumption of liquor in other states or other countries 
where the sale is not forbidden. It means simply this, that these 
products, if not manufactured in Wisconsin, will be manufac- 
tured elsewhere and the state of Wisconsin and its citizens who 
are interested in the traffic will lose their investments, without 
helping the cause of temperance or prohibition anywhere. 

There is another phase of this question which we must con- 
sider. The beer brewing and distilling interests of the state 
employ approximately 15,000 people, directly or indirectly. 

The men thus employed are receiving good wages. The indus- 
try is thoroughly unionized and the working conditions, I am 
told, are the best for the men that have thus far been obtained 
in any of the industries of the state. These men protest against 
the destruction of their employment, and in view of the present 
high cost of living and the possible difficulties in securing re- 
munerative employment as we become further involved in war 
presents a serious question, and one which you, Gentlemen of the 
Legislature, must take into account. 

I wish to ask the question: What assurance can you give 
15,000 workingmen, whose wages are now secured by contract, 
that they shall have renumerative employment after these in- 
dustries are closed? 

Insomuch as the continuance of these industries for the pur- 
pose of manufacturing for people beyond the borders of the state 
of Wisconsin cannot and does not enter into the question of pro- 
hibition in this state, the confiscation of this property and the 



196 Messages to the Legislature 

taking away of this employment must be considered nothing more 
nor less than the exercise of an arbitrary power by the state with- 
out cause or reason, because the production is not for our con- 
sumption and, therefore, does not enter the lives of our own people ; 
nor will it reduce the consumption of liquor in other sections 
where the sale is permitted. 

There is another aspect of this proposition that we must not 
lose sight of. The liquor manufacturing institutions of the state 
are among our largest taxpayers. If we close the doors of these 
institutions they become practically worthless and the citizens will 
be called upon to pay many hundreds of thousands of dollars in 
taxes that are now being paid by the brewers and distillers. The 
income tax which these people pay would be entirely lost to the 
state, which last year amounted to approximately $250,000.00, 
nearly all of which can be saved if we will permit them to manu- 
facture and ship out of the state, even though we forbid the sale 
of their product in the state. I submit that this is not a good 
time to needlessly reduce the taxable property of the state. 

Briefly stated, then, the argument that I present to you against 
this provision in the bill is this : 

If adopted by the people it will, without aiding the 
cause of temperance, destroy millions of dollars of prop- 
erty in the state of Wisconsin; ■■■-..■-. • 

It will throw approximately 15,000 men out of em- 
ployment ; 

It will lose to the state many hundreds of thousands 
of dollars in taxes. 

I am sure that this situation will appeal to the people of the 
state of Wisconsin. I have faith in their business judgment and 
their sense of fairness and justice. I know that they do not 
wish to harm citizens needlessly, and the friends of the bill will 
surely not maintain that it would be weakened before the people 
with these provisions eliminated. 

Under these same provisions of the bill if a farmer manufac- 
tures a keg of cider, or wine made of wild grapes, currants, or 
other fruits for his own use, as is the custom among our farmer 
folk, he would be permitted to keep it only for his personal con- 
sumption. If he gives any of it to any member of his family 



Session of 1917 197 

or serves it on his table to his friends or guests he would make 
himself liable to the penalties of the law. 

I shall not believe that the friends of practical temperance 
wish to carry prohibition thus far. Eegulative measures such as 
the bill we have before us should go no farther in interfering 
with the habits of the people than is necessary to protect them 
against the evil results that follow the use of an article, which 
in this case is intoxicating liquor. The manufacture of wine for 
his own use and that of his family has been a long established 
custom among the farmers of Wisconsin. No one has been heard 
to complain that it has ever produced drunkenness or any evil 
results against which the state should take drastic action. It 
seems to me that it is a privilege that belongs to him who tills 
the soil, if he wishes to exercise it. It is his own product and it 
would indeed be an awkward situation if we by law create a situ- 
ation in this state under which a farmer who makes a keg of cider 
or a keg of wild grape wine cannot share it with his family, but 
must consume it all himself. 

You will readily observe that you are not forbidding the manu- 
facture of the product. You are merely confining its use to the 
individual who actually manufactures it. The bill should be cor- 
rected so as to rid the proposed law of such a farcical provision. 

I ask you to recall the bill promptly and change its provisions 
so that, if it be adopted, liquor may still be manufactured in the 
state of Wisconsin, to be shipped to other states and countries, 
and also amend it so that the farmers of the state may make 
wine from the fruits that grow in the state, for their own con- 
sumption, merely forbidding the sale of the same, but in no wise 
attempting to regulate the use of it in their own homes. Unless 
these suggestions are complied with I feel compelled to return 
the bill to you without my approval. 

I also have a suggestion to make to you, which, however, I shall 
not insist upon, with reference to the date on which the bill shall 
be submitted to a vote of the people. 

Our country is in a state of war and the thoughts of our people 
are occupied almost entirely with the war and its possible conse- 
quence. It is, therefore, not a good time to submit a question to 
the vote of the people, which may be affected by irritations that 
are caused by questions that have no direct connection with the 



198 Messages to the Legislature 

liquor traffic, but will, nevertheless, have a bearing upon the at- 
titude of the people toward it. 

It must appeal to all fair-minded men that we should have an 
unprejudiced vote upon a question that so vitally affects the per- 
sonal privilege of our citizens. It would seem to me that inso- 
much as the proposed law does not go into effect until July, 1920, 
that the bill should be submitted to the people either at the first 
general election after the conclusion of peace with Germany or 
at the spring election of 1920, if a definite date is desired. 

I suggest this change because I entertain the hope that before 
another year passes by, peace will be restored. If not then, surely 
before 1920. The people will then be in a frame of mind to give 
the question the consideration that it deserves and it will have the 
further advantage that our soldier boys who will soon be called 
to cross the sea will have returned and be able to participate in 
the election and register their will upon this question. 

The argument that the next legislature might repeal this bill 
should receive no serious consideration. If it is the will of the 
people of Wisconsin that the sale of liquor be prohibited, I am 
sure that the bill will be entirely safe at the hands of the next 
legislature. The majority of the people have a right to make the 
rule with reference to the liquor traffic and there is no reason to 
believe that a minority can at any time successfully prevent it. 

I again call your attention to the fact that you are enacting no 
new legislation covering the period up to the time that this bill 
can go into effect if it is adopted. It seems to me that if there 
is a time when we need better regulation it is now and during 
the period of the war. I will approve any practical measure that 
you will adopt now that will curtail the use of alcohol. I will 
do this in the interest of conservation of food and the health and 
morals of the people. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated May 17, 1917. Governor. 



To the Honorable, the Legislature: 

I return herewith bill No. 57, A., without my approval. 

On May seventeenth I addressed a message to you, giving my 
objections to this bill and suggesting that you make certain 
changes which I believed it to be my duty to insist upon. The 



Session of 1917 199 

changes which I suggested would in no way have affected the 
successful administration of a prohibition law, if the people saw 
fit to adopt this bill which was to be submitted to them for their 
approval. 

I asked that the manufacture of liquor be permitted to con- 
tinue in the state of Wisconsin, not for local consumption, but 
for shipment into other states and countries, where the sale of 
the same is permitted. I also asked that individuals be per- 
mitted to make wine or cider of their own products, and that 
the law go no farther than to forbid the sale of the same and not 
attempt to regulate the use of it in the household of the person 
who manufactured it. 

I hold these privileges to be fair and just, and that the arbi- 
trary destruction of millions of dollars worth of property, with- 
out good cause, and the curtailment of an individual's personal 
privileges in his home, to the extent that this bill attempts to 
regulate them, is unfair, unjust and vindictive. 

I am also unwilling to agree to a statute that will throw ap- 
proximately fifteen thousand men out of employment, if their 
employment is of such a nature that it does not conflict with our 
own laws and regulations concerning the liquor traffic. 

That the bill could have been amended so that this would be 
unnecessary cannot be denied, and it was with a view of having 
it so amended that I addressed my message to you on the seven- 
teenth and requested you to recall it for that purpose. 

I will also again call attention to the fact that the properties 
that would be affected are among our very largest tax payers, 
and that this is not a good time for the state to needlessly sacri- 
fice two hundred and fifty thousand dollars of income tax and 
over a million dollars in property tax. 

Since my message of the seventeenth this subject has been dis- 
cussed by the press and the people, and, so far as I know, no one 
has attempted to claim that the continued use of the properties 
in question for the purpose of manufacturing and shipping into 
other states and countries would make it possible to interfere 
with the successful enforcement of a prohibition law in the state 
of Wisconsin, if one is adopted; or that it would in any way 
increase the consumption of liquor in states where the sale of the 
same is not prohibited by law. 

The undisputed fact is that the law, in the form in which it 



200 Messages to the Legislature 

has been submitted to me, would merely transfer the manufac- 
ture which has thus far been carried on in this state to other 
states, where the manufacture is permitted. 

There can be no objection, founded upon good reason, to the 
amendments that I have suggested. No member of the legisla- 
ture will maintain that a bill closing the liquor manufacturing 
institutions, or another bill forbidding the right of an individual 
to make either wine or cider for his own use, would have even a 
remote chance of passing either house of the legislature; nor 
would there be any thought of referring either proposition to a 
vote of the people. It seems to me that if the promoters of the 
bill had any respect for property rights or personal privileges, 
that the least that they should have done was to separate the bill 
into three parts, permitting the people to vote upon each propo- 
sition separately, and give them a right to stop short of the de- 
struction of property and the curtailment of privileges in the 
home if they saw fit to do so. If the bill had come to me in that 
form I would have approved it, because I have faith in the sense 
of justice of the people. 

As governor of all the people I shall not permit myself to be 
moved either by prejudice or by political expediency. There is 
no justice in the former and no honest public service in the lat- 
ter. I offered fair suggestions in connection with this bill, which 
should not offend even the most ardent prohibitionist. The re- 
sponsibility for its failure then, Gentlemen of the Legislature, 
rests with the members who have promoted it. 

In my message to you at the opening of the session I stated 
that I would at some later day have something to say upon the 
subject of the regulation of the liquor traffic. While prohibition 
was not an issue during the last campaign, I said, on several 
occasions, that I believed in practical temperance, meaning 
thereby such laws as can be enforced that will minimize the evils 
that are associated with the excessive use of liquor. I do not be- 
lieve in sumptuary laws that cannot be successfully enforced. 
Such laws are the breeders of perjury and deception, which, are 
infinitely worse in their effect upon the morals of the people than 
the free use of liquor. 

That public sentiment in Wisconsin is not ready for absolute 
prohibition is, I think, clearly indicated by the fact that but 
comparatively few villages, towns and cities have gone dry. This 






Session of 1917 201 

despite the fact that it is the privilege of the people of every 
village, town, or city to forbid the sale of liquor if they see fit 
to do so. 

The fact that our country is now engaged in war adds new 
reasons for meeting this question in a practical way. What we 
should do is to forbid that which is most harmful, and which is 
largely responsible for all the evils that grow out of the use of 
liquor, by forbidding the use of ardent intoxicating liquors and 
permit only the use of mild malt beverages and light wines. 

I recommend that you pass a law, to take effect no later than 
July 1st next, which will permit only the sale of beer, containing 
not more than three per cent alcohol, and wine to contain no 
more than ten per cent alcohol. This law should be passed as a 
war measure. 

I urge this because I believe it to be the very best possible ar- 
rangement that can be made and successfully carried out, and, in- 
somuch as it would go into effect immediately, it should have 
the support of all moderate prohibitionists. 

It is the same regulation that has been adopted in the warring 
countries of Europe and has been found to be successful, and we 
ought to be able to learn something from their experiences. The 
prohibition in Eussia was a prohibition of the sale or use of 
vodka and similar ardent spirits. In France the government 
forbids the use of absinthe, brandy, whisky and similar ardent 
spirits, but light wines are permitted. In England, Italy, Ger- 
many, Austria and the Scandinavian kingdoms ardent alcoholic 
liquors have been forbidden, and the moderate use of malt bev- 
erages and light wines are permitted. I am sure those countries 
have learned something by experience that we may adopt with 
profit. 

I make the further suggestion, as a matter of practical regula- 
tion, that provision be made giving the state the right to cancel 
any license that is issued within the state if upon good and suffi- 
cient proof it can be shown that the person conducting such 
drinking place has sold to a minor, or to a person intoxicated, or 
to one to whom drink is forbidden by law; and that such person 
holding such license shall not again be eligible to receive a re- 
newed license within the state. 

I believe these to be practical regulations that will correct 
to a large extent the evils associated with the excessive use of 



202 Messages to the Legislature 

liquor, and will at the same time retain for the citizens the privi- 
leges that I believe the majority of the people of the state of 
Wisconsin desire. 

Kespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated May 22, 1917. 



To the Honorable, the Legislature: 

I herewith return, without my approval, Bill No. 71, A. 

This bill provides that the board of education of any city, or 
the district board of any school district, may provide meals or 
lunches for children attending the public schools, at such price, 
not exceeding the cost thereof, as the board of education or the 
district board may determine. 

Under the bill, therefor, boards of education or district boards 
might furnish meals and lunches to school children at less than 
cost, or practically, if not absolutely, free. 

To permit boards of education or district boards to furnish 
lunches at cost for school children while attending school, is a 
worthy and laudable purpose, and would meet with my hearty 
approval; but to permit such boards to furnish, such meals be- 
low cost, or absolutely free, is, in my opinion, neither sound pub- 
lic policy nor a public purpose, in the constitutional sense, for 
which taxes may be levied. 

When this bill reached me for my approval, friends of the bill 
were conferred with and advised that I could not give it my ap- 
proval in its present form, and they were requested to recall it 
for the purpose of so amending it, as to provide that meals and 
lunches might be furnished to children while attending school at 
a price equal to but not exceeding the cost thereof, or at a price 
not less than cost. They refused to recall the bill, stating that 
their intention in introducing it was to permit boards of educa- 
tion and district boards to furnish meals absolutely free, if they 
saw fit to do so. 

I then had a resolution prepared and introduced in the as- 
sembly, recalling the bill for the purpose of incorporating these 
amendments. The assembly saw fit to refuse to adopt this reso- 
lution. There is, therefore, no other course for me to pursue, as 
I view it, but to return the bill without my approval. 



Session of 1917 203 

It will be noticed that the bill does not confine the furnishing 
of free meals or lunches to the children of indigent or poor par- 
ents but embraces all children, those of the rich, who are abund- 
antly able to pay, as well as those of the poor, who might not be 
able to pay. 

If this legislature, before it adjourns sine die, will pass a bill 
providing that boards of education of any city or district boards 
of any school district, may provide lunches at cost for children 
while attending school, I shall be pleased to give it my approval, 
and I recommend that such a bill be introduced and passed. 
Dated this 25th day of May, 1917. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 



To the Honorable, the Legislature: 

I wish to call your attention to a matter in which we can be 
of service to the soldiers whom we are now calling to the colors, 
and at the same time relieve much of the anxiety which the par- 
ents have for the welfare of their boys. 

In the training camps already established, or soon to be es- 
tablished, large bodies of men, selected primarily from the youth 
of the country, will be gathered together for a period of disci- 
pline and training. I regard it as the duty of the state to pro- 
tect these young men, so far as it is possible, against all evil in- 
fluences that may be established, or attempted to be established, 
within their easy reach. 

In order to place proper restrictions around the sale of liquor, 
so that our soldiers will not be tempted by it and we may keep 
the surrounding territory free from any form of vice which may 
be established, or attempted to be established, I recommend that 
you pass a law which will create a zone three miles in width 
around the grounds of any military reservation or training ground 
used for training purposes, and that during the time that the said 
military reservation or training ground is occupied by soldiers, 
other than those employed regularly as camp officers or employees, 
no liquor shall be sold within this zone; and that the territory 
thus described shall be properly policed by the civil authorities; 
and that no form of vice shall be permitted to exist therein; and 
that any person who shall attempt to establish or carry on any 



204 Messages to the Legislature 

unlawful business within the described limits shall, upon trial 
and conviction thereof, be subjected to heavy penalty. 

It is not expected that any military training camp will be estab- 
lished in or near any city. However, to protect the people of 
cities against the regulations that I have proposed, I suggest that 
the law be so framed as not to include any territory within the 
corporate limits of a city. I suggest this for the reason that the 
law should not be used to interfere with local regulations, and for 
the further reason that cities are policed and we can rely upon 
the police force to render the desired protection. 

I have recently received a communication from the Secretary of 
War in which he makes a strong plea that all reasonable precau- 
tions be taken to protect the health and morals of the soldiers, and 
we should willingly cooperate with the government in its efforts 
to do this. 

I believe that the suggestion I herein make to you will insure 
such conditions as the government desires to place around our 
army, and I earnestly request you to pass a bill promptly that 
will be a substantial compliance with the recommendations con- 
tained in this message. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, May 31, 1917. 



To the Honorable, the Legislature : 

I herewith return without my approval bill No. 255, S. 

This bill authorizes the armory board to expend each year, in 
the construction of armories, not to exceed fifteen per cent of the 
sum appropriated for the Wisconsin National Guard. 

The present annual appropriation for the guard is three hun- 
dred thousand dollars; this bill increases that appropriation fifty 
thousand dollars. On the basis of the persent appropriation there 
would, therefore, be used annually in the construction of armories 
fifty-two thousand five hundred dollars. 

In my message to you at the opening of the session, I called 
attention to the fact that in times of peace when we had mus- 
tered our full war strength, it was estimated that the expense 
to the state for the National Guard would be six hundred thou- 
sand dollars. 



Session of 1917 205 

If the present war lasts for any considerable length of time, 
and there is no present indication that it will end shortly, the 
annual appropriation to the Guard will necessarily have to be 
increased greatly above this sum. 

These increased appropriations will automatically increase the 
authorized amount to be expended for armory construction. 

While I realize the necessity for armories I feel that the citi- 
zens will be called upon to pay for necessary and unavoidable 
military purposes, state and national, such vast sums, that all 
expenditures for that purpose which can possibly be avoided 
without affecting the efficiency of the troops should be postponed 
until after the war. 

At the present time the state is maintaining a military reserve 
at Camp Douglas and the United States is maintaining one at 
Sparta. Most of the National Guard during the time of war 
will be mobilized at one or the other of these reserves, or at 
others which will be established by the United States. 

The real necessity for armories in time of war is less than in 
time of peace. 

For the state to employ labor in building armories, or other 
buildings, when it is so badly needed in raising and harvesting- 
food products, in manufacture of munitions, and in other lines 
of production, made imperative by the war, is, in my judgment, 
not only poor public policy, but also directly contrary to the policy 
so far pursued by the state to stimulate production. 

The state should not encourage production and then employ 
labor needed for such production in the construction of public 
buildings unless the necessity therefor is very urgent. 

It is, in my judgment, also unwise for the state to engage in 
any extensive building operations during the present high cost 
of materials. In my message to you at the opening of the ses- 
sion, I said, that "in view of the present high cost of materials, 
I believe it a wise policy for the state to defer all building opera- 
tions, except such as are absolutely necessary, to a time when 
materials can be secured at reasonable prices." Materials are 
higher now than they were at the time the message was written. 

For the reason that this bill would add to the burden of the 
taxpayer, a sum for military purposes, not absolutely necessary, 
at a time when he will be called upon to contribute for war pur- 
poses to the limit of his ability to pay; that it would take men 



206 Messages to the Legislature 

from the field of active production where they are so sorely 
needed at the present time, and that in addition it would com- 
pel the state to purchase materials for the construction of build- 
ings at a time when the cost thereof is far above normal prices, 
1 feel that I cannot give it my approval. 

It is true that the armory board is not compelled by the terms 
of the bill to build a single armory, yet good faith and square 
dealing would require the board to expend at least the added 
appropriation of fifty thousand dollars for the construction of 
armories notwithstanding the same is appropriated to the board, 
according to the language of the bill, "to be. used in carrying into 
effect the powers, duties and functions" of the Wisconsin National 
Guard, "including the powers, duties and functions of the board 
as provided by" the bill. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, June 4, 1917. 



MEMORANDA ATTACHED TO BILL NO. 462, S. 

This bill establishes a tuberculosis sanatorium to be located 
north of the center line of the state and appropriates $75,000.00 
"for the purchase of a site and the erection and equipment of 
building." There is no appropriation whatsoever for equipment, 
maintenance or operation. 

The state has invested in buildings and equipment at the sani- 
torium at Wales $326,995.40 and this institution accommodates 
one hundred and eighty patients only. 

If under this bill the state should be so fortunate as to find an 
appropriate and practical site on land now owned by the state 
and, therefore, could use the entire sum appropriated for build- 
ings, it would accommodate forty-one patients, only, if we figure 
the same cost per patient as at Wales. 

I feel that if the state is to locate another state sanatorium, it 
should be of sufficient capacity to accommodate at least two hun- 
dred patients. This, according to experts, is the least number 
that can be accommodated economically and efficiently in one in- 
stitution. To build an institution that would accommodate this 
number of patients would necessitate an appropriation several 
times larger than that provided for by this bill. 



Session of 1917 207 

It is perfectly clear that no practical use can be made of the 
money appropriated by this bill, except to select a site, until 
some future legislature makes an additional appropriation for 
buildings, an appropriation for equipment, and also makes pro- 
vision for operation of the institution after its construction. 

In view of this situation, I have concluded to give this bill my 
approval so that a site may be selected, but shall withhold my 
approval for any plans or contracts for buildings until such time, 
if it occurs during my term of office, as labor is not so badly 
needed as at present on account of the war, and when the cost of 
materials reaches a more nearly normal basis ; and not then, unless 
the plans are such as will, in the end, accommodate at least two 
hundred patients. 

Dated, this eleventh day of June, 1917. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 



To the Honorable, the Legislature : 

I herewith return, without my approval, bill No. 383, A. 

This bill permits a railroad company to exchange transportation 
over its lines between points wholly within this state, or a distance 
of not more than two thousand five hundred miles in the aggregate, 
annually, to any daily or weekly newspaper published in the state 
in exchange for advertising, providing the editor does not hold 
a public office of trust or profit. The tickets or mileage books to 
be given to these newspapers entitle the editor and members of 
his family dependent upon him to ride thereon. 

All of you remember, and many of you took part in the long 
and bitter contest waged in this state over railroad rates, both 
freight and passenger. 

In that contest it was charged that the railroads were guilty of 
gross discrimination in both freight and passenger rates. It was 
alleged that the railroads were granting rebates and other conces- 
sions from their published tariffs and were issuing transportation 
to certain persons, especially to public officials, free or at greatly 
reduced rates. 

As a result of this contest the legislature of this state, in 1899, 
passed an act forbidding the giving by the railroads of any free 
passes or privileges to any candidate for, or incumbent of any 
office, or to any member of any political committee, and also for- 



208 Messages to the Legislature 

bidding these persons from accepting any such free passes or special 
privileges under heavy penalties. 

Apparently anticipating that some future legislature might pass 
an act repealing or weakening this law, the people of the state, in 
1902, adopted a constitutional amendment, hereinafter quoted, 
which is in almost the exact language of the act of 1899, thereby 
forever putting the question of its repeal or infringement beyond 
the power of any legislature. 

Not only did the contest result in both statutory and constitu- 
tional enactments prohibiting free passes or other special priv- 
ileges being given to candidates for, or incumbents of offices, and 
members of political committees, but it also resulted in the passage, 
in 1905, of the Kailroad Commission Act. 

This Act prohibits discriminations in rates, both freight and 
passenger. It provides that no railroad shall directly or indi- 
rectly, by any device whatsoever, charge, demand, collect or re- 
ceive from any person a greater, less or different compensation 
for the transportation of persons or property than that prescribed 
in its published tariffs, or than it charges, demands, collects or 
receives from any other person for a like and contemporaneous 
service. Any railroad which violates this provision of the Act 
forfeits from one hundred dollars to ten thousand dollars, and 
the agent or officer through whom the violation was committed 
is punished by a fine of from fifty dollars to one hundred dollars. 

Not only is the railroad and its agent or officer punished in the 
manner above stated, but the person accepting or receiving the 
concession or discrimination is also punished by a fine of from 
fifty dollars to one thousand dollars. 

I recite these 'facts to call your attention to how the people of 
this state viewed railroad discrimination a few years ago, and how 
securely, as they thought, they had guarded its reoccurrence. 

This, I believe, is. the first demand which has been made upon any 
legislature- to pass any law which would nullify the Acts of 1899 
and 1905 and violate the constitutional mandate of 1902. If this 
bill should become a law and the railroads be permitted to ex- 
change transportation for advertising, will not persons, other than 
editors, who sell commodities and materials to railroads ask to be 
allowed by-law to exchange such commodities and materials for 
transportation ? 

• How can the railroads logically be allowed by law to exchange 
transportation in payment of a contract for one commodity and 



Session of 1917 

be refused by law to exchange transportation in payment of a 
contract for all other commodities or materials? 

Such a condition, although under sanction of law, would be as 
intolerable to the general public, who would still be required to 
pay for their transportation in cash, as that which existed prior 
to the amendment of the constitution and the passage of the 
statutes above cited. It would on another contest to remove, not 
illegal discriminations, but discriminations legalized by law. 

I will not knowingly approve of any bill which would destroy 
any rights demanded by the people after such a long and bitter 
contest as was waged in this state over railroad transportation. 

In my opinion not only would this bill eventually destroy these 
rights, but it is unconstitutional as well. 

The constitution, section 11 of article XIII, provides that "no 
person, association, co-partnership, or corporation, shall promise, 
offer or give, for any purpose, to any political committee, or any 
member or employe thereof, to any candidate for, or incumbent 
of any office or position under the constitution or laws, or under 
any ordinance of any town or municipality, of this state, or to 
any person at the request or for the advantage of all or any of 
them, any free pass or frank, or privilege withheld from any person, 
for the traveling accommodation or transportation of any person 
or property, or the transmission of any message or communication. 
No political committee, and no member or employe thereof, no 
candidate for and no incumbent of any office or position under the 
constitution or laws, or under any ordinance of any town or muni- 
cipality of this state, shall ask for, or accept, from any person, 
association, co-partnership, or corporation, or use, in any manner, 
or for any purpose, any free pass or frank; or any privilege with- 
held from any person, for the traveling accommodation or trans- 
portation of any person or property, or the transmission of any 
message or communication." • • 

A violation of the foregoing provisions of the constitution, con- 
stitutes bribery and is punishable accordingly. - - • =... 

The act of 1899, section. 4552a of the statutes, provides a pen- 
alty of from one to five years in the state prison or a .fine of from 
two hundred dollars to one thousand' dollars for each offense. 
Under the constitution, as well as by the statute, both the party 
giving 'and -the party 'receiving or soliciting the pass,, frank or 
'privilege are punishable alike. ■ - - •. 

' ; Under the bill-it may be claimed that, the editor and those of 



210 Messages to the Legislature 

his family who are dependent upon him do not receive a free 
pass; that the transportation is given in exchange for advertising 
and therefore, is not free. But by the statute, section 4552a, and 
which is not expressly repealed or modified in any particular by 
the bill, the term "free pass" includes "any form of ticket or 
mileage entitling the holder to travel over any part of the line or 
lines of any railroad issued to the holder as a gift or in considera- 
tion or partial consideration of any service performed or to be 
performed by such holder." 

Furthermore, the constitution applied not only to free passes, 
but to "any free pass or frank or any privilege withheld from 
any person." 

Giving transportation in exchange for advertising is a privilege 
withheld, at the present time, by the railroads from all persons, 
and under the terms of the bill it remains a privilege withheld 
from all persons except such editors of daily or weekly newspapers 
published in this state as the railroads saw fit to issue transporta- 
tion to. 

Under the constitution, how can the railroads give transporta- 
tion to an editor of a daily or weekly newspaper published in this 
state in exchange for advertising, provided such editor is a member 
or employe of a political committee, or a candidate for, or an in- 
cumbent of an office, when it withholds transportation, under like 
circumstances, from all other persons, and especially from editors 
of newspapers which are published semi-weekly, semi-monthly, 
monthly, bi-monthly or quarterly, and from magazines, trade 
journals and various other publications which carry advertising? 

A casual reading of this bill and the constitution will show that 
the constitution is much broader and more conclusive in its class of 
prohibited persons than is the bill. 

The constitution forbids the giving by the railroads of free passes 
or special privileges "to any political committee, or any member 
or employe thereof, to any candidate for, or incumbent of any 
office or position under the constitution or laws, or under any 
ordinance of any town or municipality, of this state, or to any 
person at the request or for the advantage of all or any of them." 
It likewise forbids any political committee, or member or employe 
thereof, or candidate for, or incumbent of any office or position 
under the constitution or laws, or under any ordinance of any 
town or municipality, of this state, to ask for or accept, or use, 
in any manner, or for any purpose "any free pass or frank, or any 



Session of 1917 211 

privilege withheld from any person, for the traveling accommo- 
dation or transportation of any person." On the other hand, the 
bill only inhibits the editor who "holds a public office of trust 
or profit" from receiving transportation. 

The bill would permit an editor who was a member or employe 
of any political committee, or a candidate for office, to accept 
transportation not only for himself, but for any member of his 
family who is dependent upon him, and would permit the railroad 
companies to give such transportation to an editor who was a mem- 
ber or employe of a political committee, or a candidate for office, 
or to any member of such editor's family who is dependent upon 
him. 

This, in my opinion, is directly contrary to the constitutional 
mandate. 

Under the constitution no editor of a daily or weekly newspaper 
published in this state, if he is a member or employe of a political 
committee, or candidate for office, can accept transportation under 
the bill and not be guilty of bribery. Neither can the railroad 
give any such editor transportation under the bill and not be 
equally guilty of bribery. 

Neither can any editor, although he is not himself a member 
or employe of a political committee, nor a candidate for office, 
ask for or accept transportation for any member of his family 
who is a member or employe of a political committee, or a candi- 
date for, or incumbent of any office or position under the con 
stitution or laws, or under any ordinance of any town or muni 
cipality of this state, without violating the constitution. 

In the particulars herein stated the bill intrenches upon the 
constitution and is, therefore, in my opinion, unconstitutional 
and void and for that reason, as well as upon grounds of public 
policy I cannot give it my approval. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, Madison, Wisconsin, June 18, 1917. 



Gentlemen of the Assembly: 

At your morning's session you refused to concur in that part of 
bill No. 665, S., which appropriated forty-five thousand dollars 
for the purchase of what is generally known to be the Roemer 



212 Messages to the Legislature 

I am in full accord with the proposition that we should not now 
purchase any property that is not absolutely necessary for the 
successful operation of our public institutions. However, the build- 
ing located upon the so-called "Roemer property" has for some years 
bien used as an infirmary by the university, and, as matters stand 
now, the university will probably be unable to secure a renewal 
of an option for purchase, and will at the same time lose the use 
of the building. 

The loss of the control of this property leaves the university with- 
out a building to use as an infirmary, and there will be no place 
where students may receive medical attention unless they go to 
the public hospitals, which are usually overcrowded. 

I feel that the state is in duty bound to care for the sick at the 
university and that some provision must be made to enable the 
management to do its duty in this respect. If you do not desire 
to purchase the Roemer property and continue to use the buildings 
located thereon for hospital purposes, it seems to me that you 
should make provision for the immediate construction of an in- 
firmary upon the university grounds and appropriate a sum suffi- 
cient for that purpose, and authorize the Central Board of Educa- 
tion to rent a building that is suitable for hospital purposes until 
the new building is completed. 

The fall session of the university begins in September, and it 
will be necessary to make arrangements for temporary quarters 
for at least a year. 

Whatever your conclusions may be in this matter, I will ask you 

to not fail to make some suitable arrangement that will enable 

the management of the university to give the students and their 

parents the assurance that hospital facilities have been arranged for. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated at Madison, Wis., June 19, 1917. 



To the Honorable, the Legislature : 

I have before me for my approval bill No. 684, A. 

This bill authorizes the warden of the state prison to make 

contracts for the employment of convicts in the construction of 

buildings, or other construction work, or any other work which 

may to him seem to be proper work upon which to employ convicts 



Session of 1917 213 

outside the prison walls. I cannot approve this bill in its present 
form. 

In my judgment convicts, when employed outside of the prison 
walls, should be employed only in the building of highways, work 
on lands owned by the state, and in the construction of buildings 
being erected by the state ; they should not be employed in occupa- 
tions which would place them in direct competition with free labor. 

Section 4927 of the statutes permits the prisoners to work in 
cultivating the prison farm. Chapter 360 of the laws of this session 
permits them to be employed in putting five thousand acres of 
state land in tillable condition, and section 4937m of the statutes 
permits them to be employed in the construction and improvement 
of highways. 

The only occupation, therefore, at which prisoners ought, in my 
judgment, to be employed outside the prison walls is covered by 
existing statutes, except the construction of buildings erected by 
the state. 

I would therefore suggest that you recall bill .No. 684, A., and so 
amend it as to limit the employment of prisoners to the purposes 
herein indicated. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated at Madison, Wisconsin, June 20, 1917. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

Honorable Thomas F. Konop, of Green, Wisconsin, to be a mem- 
ber of the Industrial Commission of Wisconsin, for the term ending 
June 30, 1923. 

Respectfully submitted, ' 

EMANUEL L. PHILIPP, 

Governor. 
Dated June 21, 1917. ,,,..,.. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

John S. Allen, of Lake Geneva, Wisconsin, to be a member of the 
Railroad Commission of Wisconsin for the balance of the unex- 



214 Messages to the Legislature 

pired term ending on the first Monday in February, 1921, vice 
Walter Alexander, resigned. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated June 21, 1917. Governor. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint : 

Thomas E. Lyons, of Superior, Wisconsin, to be a member of the 
State Tax Commission for the term ending the first Monday in 
May, 1925. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated June 21, 1917. Governor. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

Edward A. Everett, of Eagle River, Wisconsin, to be a member 
of the State Board of Control of Wisconsin, for the term begin- 
ning July 1, 1917, and ending the first Monday in April, 1921. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated June 21, 1917. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint : 

F. W. Coon, of Edgerton, Wisconsin, to be a member of the State 
Civil Service Commission, for the term ending June 21, 1923. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated June 21, 1917. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

Sigvert Melby, of Spooner, Wisconsin, to be a member of the 



Session of 1917 215 

State Fair Advisory Board of the Department of Agriculture, for 
the term ending the first Monday in February, 1919, rice W. M. 
Bo-we, resigned. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated June 21, 1917. Governor. 



To the Honorable, the Legislature : 

I transmit herewith the resignation of the Board of Lady Man- 
agers of the Industrial School for Girls, located in the city of 
Milwaukee. 

Insomuch as that institution has been ably cared for by a board 
of women who have given their services for years without pay, 
I respectfully request that you print this resignation in your 
daily journal and pass a joint resolution accepting the same, and 
tender the thanks of the people of this state to the women of this 
board for their many years of unselfish devotion to the interests of 
the girls who have been committed to that institution. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, June 22, 1917. Governor. 



To the Honorable, the Senate : 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint: 

C. B. Bird, of Wausau, Wisconsin, to be a member of the State 
Board of Education, for the term ending August first, 1918. 

Mrs. Meta Berger, of Milwaukee, Wisconsin, to be a member of 
the State Board of Education, for the term ending August first, 
1919. 

Herman Grotophorst, of Baraboo, Wisconsin, to be a member 
of the State Board of Education, for the term ending August 
first, 1920. 

Charles Hill, of Rosendale, Wisconsin, to be a member of the 
State Board of Education, for the term ending August first, 1921. 

Frank P. Hixon, of La Crosse, Wisconsin, to be a member of the 
State Board of Education, for the term ending August first, 1922. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated at Madison, Wisconsin, June 25, 1917. 



216 Messages • to. the Legislature 

MEMORANDUM ATTACHED TO BILL No. 351, A. 

I approve this bill because it is designed to correct an alleged evil 
that has been forced upon merchants in many sections of the state, 
and for the further reason that it is alleged, and I think fairly 
proven, that many articles of merchandise used by trading stamp 
companies to redeem stamps are of but little value. Furthermore, 
the holder of the stamps is confined in the selection of goods to such 
articles of merchandise as the trading stamp company chooses 
*toF use in the redemption of the stamps, which compels the holder 
to ateeept articles that are not really desired and are, therefore, 
of little value to him. 

There are, however, some, features of the trading stamp system 
that, in my judgment, should be continued and should be regarded 
as a mere method of paying a legitimate discount which the pur- 
chaser should have a right to receive and the merchant a right to 
give if he sees fit fo'do so. 

-" The bill allows the use of trading stamps, but makes them re- 
deemable in cash only. I believe that the law would serve a better 
purpose if it were left optional with the holder of the stamps to 
take the discount in money or in merchandise of his own selection 
of the general stock carried by the merchant issuing such stamps. 
Merchants are in the business of selling goods, and if they can 
pay the discounts which they offer in goods which are desired by 
the customer, and for which they charge no more than the customer 
would be asked to pay if he made the payment in cash, no wrong 
would-be committed, and I am of the opinion that under such cir- 
cumstances the state might safely leave the adjustment to the 
merchant and his customer and I wish that the law could be so 
amended. . ... 

Insomuch as the bill was passed by an overwhelming vote in 
both houses and has. the general support of the merchants of the 
state, I feel .that I should not exercise the veto power, even though 
I am not in full agreement with all its provisions. 

• -:•; EMANUEL PHILIPP, 

Dated, June ,2.6, 1917. •;.'••' Governor. 



EXECUTIVE COMMUNICATIONS . 
To the Honorable, the. Legislature: 

I Herewith -return without .my approval bill No. 435, S. 

This bill provides that any person committing a crime in Mil- 
waukee county the punishment; whereof .does not exceed one year's 



Session of 1917 217 

imprisonment in the state's prison or county jail, or a fine not 
to exceed five hundred dollars or both such fine and imprisonment, 
may escape the penalty provided by law for the punishment- thereof 
if the judge who tried the case so orders. While all- persons 
who commit crime in the state outside Milwaukee county the 
punishment whereof is exactly the same must suffer such penalty. 

Classification of counties is permissible under the constitution 
on the basis of population if the classification is germane to the 
purpose of the law and based upon substantial distinctions which 
make one class really different from another. The classification 
made by this bill is not germane to the purpose of the bill nor 
based upon substantial distinction. The purpose of the bill is to 
permit certain criminals to escape the penalty provided by the law 
in Milwaukee county. Xo such classification is legal. Neither is 
there any distinction between a criminal who commits a crime in 
Milwaukee county and a criminal who commits a. crime elsewhere 
in the state. Crime is none the less a crime because committed 
in Milwaukee county, neither should the criminal escape the pun- 
ishment for his crime solely on the ground that he committed it 
in Milwaukee county. 

The bill provides that the court may by order suspend the 
judgment or stay the execution thereof after a person has" been 
convicted when it appears to the satisfaction of the trial court 
that the character of the defendant taken with the circumstances 
of the case indicates that he is not likely to again commit a crime 
or offense against the law and that the public good does not re- 
quire that he shall suffer the penalty provided by law. 

The constitution, section 6, article V, vests the pardoning power 
in the governor of the state. The supreme court of this state 
In Be ^Yel)~b J 89 Wis. 354, said of this constitutional provision that 
"both upon principle and authority, its (the court's) right to sus- 
pend the execution of the sentence after it has been pronounced 
cannot be sustained, except as incident to a review of the case 
upon a writ of error, or upon other well-established legal grounds. 
After sentence given, the matter within these limits would seem 
to be wholly within the hands of the executive officers of the law. 
The sole power is vested in the governor to grant reprieves, com- 
mutations, and pardons after conviction, for all offenses except 
treason and cases of impeachment, upon such conditions and with 
such restrictions and limitations as he may think proper. Const. 
Art. V, sec. 6. And the action of the court in the premises, after 



218 Messages to the Legislature 

it had regularly pronounced the punishment provided by law for 
the offense in question, is clearly obnoxious to the objection that it 
is an attempted exercise of power, not judicial, but vested in the 
executive." 

For these reasons I return the bill without my approval. 

EMANUEL L. PHILIPP, 

Dated this 27th day of June, 1917. Governor. 



To the Honorable, the Legislature: 

I herewith return, without my approval, bill No. 420, S. 

This bill appropriates the sum of two hundred thousand dollars 
for completely constructing, within two years from the passage and 
publication of the act, fire proof buildings not to exceed two 
stories in height, on the grounds of the southern Wisconsin home 
for the feeble-minded and epileptic at Union Grove, in accordance 
with the specifications for class four in the present plans of the 
institution, and constructing a power plant to cost approximately 
thirty thousand dollars. The balance of the appropriation after 
the construction of the buildings and power plant is to be used 
for furnishings and maintenance. The bill expressly states that 
this appropriation is in addition to the amount already provided 
for in the budget for buildings and other expenditures at Union 
Grove for 1917 and 1918. 

The state already has appropriated for Union Grove approxi- 
mately four hundred fifteen thousand dollars. There will be avail- 
able in the appropriations already made for Union Grove, exclu- 
sive of the one under consideration, approximately two hundred 
twenty-two thousand dollars for building purposes. When this 
money has been expended there will be a capacity at that institution 
for one hundred sixty-eight inmates. 

In view of the military expenditures in prospect, which must 
be given first consideration, I deem it unwise to make any further 
appropriations for the institution at Union Grove at this time. 
If the war continues for a year or more it may be expected that the 
legislature will be called in extraordinary session and if after the 
buildings that are now under -construction and such as will be 
contracted for within the next year are completed, and the demands 
made for military purposes have not exhausted the tax payers' 
ability to pay, a demand for an appropriation to add additional 
buildings may be included in the call for a special session if it is 
thought wise to do so. 



Session of 1917 219 

The needs of the institution were fully discussed before the 
Committee on Finance and the friends of the bill were given a 
full and complete hearing. That committee, composed of four- 
teen members of the legislature, recommended the bill for indefinite 
postponement, with only two dissenting votes. 

I desire to again call your attention to my message to you at the 
beginning of this session, wherein I said : 

"Additional buildings are requested by the University, the State 
Normal Schools, Stout Institute and by the State Board of Control 
for the charitable and penal institutions. 

In view of the present high cost of material I believe it a wise 
policy for the state to defer all building operations, except such 
as are absolutely necessary, to a time when material can be secured 
at reasonable prices, and normal conditions prevail. It is generally 
conceded that the present high prices cannot continue much longer, 
especially if the war in Europe comes to an end. It may reasonably 
be expected that when the war is over there will be a< reaction in 
business and some readjustment of our economic conditions will take 
place. -There is reason to believe that during the period of 
readjustment work will become scarce and laboring men will be 
seeking employment. 

Because of these possibilities, it should be the policy of the state 
to defer its building operations, so far as it is possible, not only 
in the interest of lower prices, but for the purpose of providing 
employment to our laboring men at a time when business and 
private industry is dull, and work is scarce. Furthermore, during 
times when there is an abundance of employment at high wages 
in private industry, public enterprise should not compete for the 
available labor any more than is absolutely necessary. It should 
reserve its work in the interest of the workingman for a time when 
he needs it. Nor should the state interfere with private 
industry to the extent of curtailing necessary production/' 

Labor problems are more difficult now than they were at the time 
the message was written. The situation regarding building ma- 
terials is no better now than it was then, and possibly not as good. 
Steel is about three times above normal prices. Cement is twenty 
per cent higher. Hardware, lumber and other material used in 
building have greatly increased over normal prices. Money ex- 
pended for building purposes now will purchase not to exceed fifty 
per cent of what it would purchase in normal times. 



220 Messages to the Legislature 

I again call your attention to the fact that at a time when the 
country is involved in war and the people are called npon to pay 
the tremendous war expenditures is not an opportune time for the 
state, to .expend money rvpon public institutions. Furthermore, 
the friends of this bill should be willing to wait until the state can 
get a reasonable return for the money which is expended. In 
other words, the state should not attempt to erect public buildings 
when the cost is twice what it would be in normal times. 

The state and the counties are now supporting a population of 
twelve thousand in the charitable and penal institutions. The 
state opens two new institutions in the near future, including the 
institution provided for by this bill. Both institutions require 
large appropriations for operation, which will add materially to the 
tax burdens. 

While I can agree with the friends of this bill that it is desirable 
to put every feeble-minded person in the state in the state's care, 
it is, nevertheless, necessary, in view of the enormous expenditures 
which confront the people at this time, to forego some things which 
are really desirable and would be a good thing to have in normal 
times. 

In view of the fact that the institution at Union Grove now 
has two hundred twenty-one thousand dollars which will be avail- 
able .for building purposes within the next two years, because of 
the high cost of building material and because of the scarcity of 
labor, and the further fact that every laborer who can possibly be 
spared should be used in agriculture and the preparation of war 
material, I return this bill without my approval. 
. Eespectf ully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated this 28th day of June, 1917. 



To the Honorable, the Legislature : 

I herewith, return without my approval, bill No. 338, S. 

The purpose of the author of this bill was to permit common 
councils, of cities of the second, third and fourth classes to dispense 
with the. offices of treasurer, clerk, comptroller, attorney, assessor, 
street commissioner, engineer, and board of public works, and 
employ a city manager to perform the duties required by these 
offices. 

After its introduction the bill was amended by striking out 



Session of 1917 221 

cities of the second class apparently for the reason that cities of 
that class should not be subject to have these offices abolished and 
the duties performed by city managers. But the amendment did 
more than this. 

The bill amends section 925- — 23, which is a part of the general 
charter law of this state. This section, 925 — 23, is the only pro- 
vision in the general charter law which provides for the offices of 
mayor, treasurer, clerk, comptroller, attorney, assessor, justices of 
the peace and constables, physician, street commissioner, chief 
of the fire department, board of public works, school commissioners, 
policemen and aldermen of cities of the second, third and fourth 
classes. 

By striking out cities of the second class there is left in the gen- 
eral charter law no provision whatever for these offices in cities or 
the second class. In other words, if this bill should become a law, 
there would be no provision in the general charter law for any city, 
officers in cities of the second class. 

Obviously the author of the amendment did not have this anomal- 
ous situation in mind when he offered the amendment, and ap- 
parently both the author of the bill as well as the members of the 
legislature overlooked the effect of the amendment when it was 
adopted. 

Being that the bill as presented to me for my approval would 
strike from the general charter act all provisions for the above 
enumerated officers in cities of the second class, I cannot give it 
my approval. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, ■ 
Governor. 



MEMORANDA ATTACHED TO BILL No. 422, A. 

I can see no constitutional objection to section 1 of this bill. 

The present law provides that any person proposing to erect a 
public elevator or warehouse shall be furnished by the railroad, 
at a reasonable rental, a site upon its vacant right of way or 
depot grounds. 

If a railroad is compelled by law to furnish a site for a public 
elevator or warehouse, I can see no objection to providing by law. 
that when any private elevator or warehouse is situated upon the. 
vacant right of way, such private elevator or warehouse may be 



222 Messages to the Legislature 

converted into a public elevator or warehouse and remain upon 
such right of way. 

It would be folly to compel the owner of a private elevator or 
warehouse who desires to convert his private elevator or warehouse 
into a, public elevator or warehouse, to first move it off the right 
of way and then compel the railroad company to furnish him the 
same site for the same structure as a public elevator or warehouse. 

Section 2 of the bill is, however, to my mind, clearly unconstitu- 
tional. It provides that every railroad company shall furnish, on 
its vacant right of way, sites for private elevators or warehouses. 

The property of a railroad company is private property, not- 
withstanding the fact that it is devoted to a public use. The 
private property of a railroad cannot be taken from it for a 
private use any more than the private property of an individual 
may be taken for private use. Private property may be taken 
for a public use by paying just compensation therefor, but private 
property cannot be taken for a private use no matter what the 
compensation may be that is to be paid for it. These propositions 
are fundamental and do not need the citation of any authorities to 
sustain them. 

It would seem to me that the precise question presented by 
section 2 of this bill has been decided, adversely, by the Su- 
preme Court of the United States, in Missouri Pacific Eailway 
Company vs. Nebraska, 164 U. S. 403. The Supreme Court of 
the United States said, in passing upon the constitutionality of 
the statute of Nebraska, whose provisions were similar to section 
2 of this bill: 

"A railroad corporation doubtless holds its station grounds, 
tracks and right of way as its private property, for the public use 
for which it was incorporated; and may, in its discretion, permit 
them to be occupied by other parties with structures convenient for 
the receipt and delivery of freight upon its railroad, so long as a 
free and safe passage is left for the carriage of freight and passen- 
gers. But how far the railroad company can be compelled to do 
so, against its will, is a wholly different question. 

"To require the railroad company to grant to the petitioners 
a location on its right of way for the erection of an elevator for 
the specified purpose of storing from time to time the grain of 
the petitioners and of neighboring farmers, is to compel the rail- 
road company against its will, to transfer an estate in part of 
the land which it owns and holds, under its charter, as its private 



Session of 1917 

property and for a public use, to an association of private in- 
dividuals, for the purpose of erecting and maintaining a building 
thereon for storing grain for their own personal benefit, * * * 

"This court * * * is unanimously of opinion, that the 
order in question, so far as it required the railroad corporation 
to surrender a part of its land to the petitioners, for the purpose 
of building and maintaining their elevator upon it, was, in es- 
sence and effect, a taking of private property of the railroad cor- 
poration, for the private use of petitioners. The taking by a state 
of the private property of one person or corporation, without the 
owner's consent, for the private use of another, is not due process 
of law, and is a violation of the Fourteenth Article of Amend- 
ment of the Constitution of the United States." 

The United States Supreme Court, in Hartford Ins. Co. vs. 
Chicago & Eailway, 175 U. S. 91, used the following language: 
"A railroad corporation holds its station grounds, railroad tracks 
and right of way, for the public use for which it is incorporated, 
yet as its private property, and to be occupied by itself or by 
others, in the manner which it may consider best fitted to pro- 
mote, or not to interfere with, the public use. It may, in its 
discretion, permit them to be occupied by others with structures 
convenient for the receiving and delivering of freight upon its 
railroad, so long as a free and safe passage is left for the car- 
riage of freight and passengers. And it must provide reasonable 
means and facilities for receiving goods offered by the public to 
be transported over its road. But it is not obliged, and cannot 
even be compelled by statute, against its will, to permit private 
persons or partnerships to erect and maintain elevators, ware- 
houses or similar structures, for their own benefit, upon the land 
of the railroad company." 

It will be noticed by section 2 of the bill that the site which 
the railroad company is to furnish for the private elevator or 
warehouse is not limited to a site within the yard limits of any 
station or terminal, as is the case with a public elevator, but the 
private elevator, under the terms of the bill, may be located any- 
where along the line of the railroad company where there is a 
vacant right of way. 

This bill was submitted to the Attorney General of this state, 
who in an opinion to Honorable H. A. Huber, Senator from the 
twenty-sixth district, dated May 28, 1917, suggested that the 



224 Messages to the Legislature 

second section of the bill be omitted on account of its probable 
unconstitutional features, and advising that a new section be 
added in its place, providing in substance that all elevators and 
warehouses situated on the right of way of railways be declared 
to be public elevators and warehouses, the language of the opinion 
being as follows: 

"I would suggest that the second section be omitted and that 
there be a new section added providing in substance that all eleva- 
tors and warehouses in which commodities of any kind that are 
ordinarily shipped in carload lots are received, stored, shipped 
or handled, and which are situated on the right of way of any 
common carrier, depot grounds, or other lands required or re- 
served by any common carrier and used in connection with its 
line of railroad in this state, and all elevators and warehouses 
proposed to be erected for such purposes and upon such sites, are 
declared to be public elevators or warehouses. With such a pro- 
vision, the first section would cover the furnishing of sites, etc. 
for all elevators. 

I believe the suggested change will do no more than to state 
more clearly what apparently is the real intent of this bill, and 
in so doing will aid the court in arriving at a proper construc- 
tion, under which the proposed law can be held constitutional." 

Notwithstanding the suggestion of the Attorney General, above 
quoted, the Legislature saw fit not to change section 2 of the bill, 
but passed it in its original form. They apparently had serious 
misgivings as to the constitutionality of section 2 of the bill be- 
cause by section 3 of the bill they enacted that sections 1 and 2 
of the bill were enacted independently of each other and neither 
was enacted as an inducement to the enactment of the order. 

I give this bill my approval without any hope or expectation 
that the courts will hold section 2 thereof to be constitutional. I 
do, however, believe that the courts will not hold the entire act 
unconstitutional on account of section 2. The two sections of the 
bill are separable and independent, and while the legislative dec- 
laration as to sections 1 and 2 being interdependent is not bind- 
ing upon the courts it may be, in the language of the Supreme 
Court of this state, in Water Power Cases, 148 Wis. page 151, 
"some indication of legislative intention." 

EMANUEL L. PHILIPP, 
June 29, 1917. Governor. 



Session of 1917 225 

MEMORANDUM ATTACHED TO BILL NO. 683, A. 

This bill provides that the judge of the juvenile court or of the 
county court may on July 1, 1917, appoint a board of child wel- 
fare for his county to consist of three members, who shall hold 
office at the pleasure of the judge making the appointment. 

The bill makes no provision for subsequent appointments to 
this board. But as the members of the board are paid no wages 
and the duties it is proposed to impose upon them, if faithfully 
carried out, are onerous, it will probably be difficult to get any- 
one to serve on these boards. It would seem that some of the 
duties imposed upon the board are of a more theoretical than 
practical value. 

While I am not at all satisfied with this provision of the bill, 
I have signed it on account of its other good features. 

EMANUEL L. PHILIPP, 

Dated July 6, 1917. Governor. 



EXECUTIVE COMMUNICATIONS. 

To the Honorable, the Legislature: 

I herewith return bill No. 96, A., without my approval. 

The first section of this bill provides that the absolute own- 
ership of personal property shall not be suspended for a longer 
time than during the continuance of two lives in being "at the 
creation of the estate" and twenty-one years thereafter; "or, if 
such instrument be a will/' two lives in being at the death of the 
testator and twenty-one years thereafter. 

The second section of the bill provides that in all other re- 
spects future or contingent interest in personal property shall 
be subject to the rules prescribed in chapter 95 of the statutes, 
in relation to future estates in real property. 

The Wisconsin law of uses and trusts and perpetuities was 
enacted in Wisconsin in 1849 and was copied after the New York 
law on those subjects. It took the courts of Wisconsin, as well 
as of New York, fifty years to settle the law on uses and trusts 
and perpetuities after the enactment of the statute. The law of 
Wisconsin on uses and trusts and perpetuities, as to both real 
and personal property, was finally settled in this state about fifteen 
years ago, after long and expensive litigation, and it was finally 
held that these statutes had no application to personal property. 



226 Messages to the Legislature 

It is said that it cost over one million dollars in litigation in 
New York to settle the law of uses and trusts and perpetuities 
in that state. 

One can gather a very comprehensive, as well as complete, 
history not only of the litigation in this state, but in New York 
as well on these questions, by reading the cases of Becker vs. 
Chester, 115 Wis. 90 and Danforth vs. Oshkosh, 119 Wis. 262. 

If this bill were to become a law the benefit derived from fifty 
years of expensive litigation in this state over uses and trusts 
and perpetuities would be lost and the whole subject again thrown 
into chaos from which the courts and litigants could emerge only 
after another long and expensive period of litigation. 

I would not knowingly permit such a situation to arise in Wis- 
consin by any act of mine. 

The common law doctrine on uses and trusts and perpetuities 
applies both to real and personal property. 

By statute in Wisconsin, sections 2038 and 2039, perpetuities 
as to real estate are prohibited with certain exceptions, but per- 
petuities of personal property are abolished in this state and the 
statute of uses and trusts does not apply to personal property. 
See Becker vs. Chester, supra, and cases cited therein, as well as 
subsequent cases. 

In this state the absolute power of alienation of real estate can- 
not be suspended for a longer term than two lives in being at the 
creation of the estate and twenty-one years thereafter, except when 
it is given, granted or devised to a charitable use or to literary 
or charitable organizations which have been organized under the 
laws of this state for their sole use and benefit." But there is no 
limit whatever either on the time or object for which personal 
property may be given or bequeathed either directly or in trust. 

Any person, charitably inclined, may, in this state give or be- 
queath his personal property directly, or in trust, for any purpose 
and for any length of time that he or she may see fit. 

In my opinion it is well that it is so. My feeling on gifts 
for charitable purposes are well expressed by the supreme court 
of this state in construing the will of Abby S. Harris who by her 
will gave upwards of seventy-five thousand dollars to Oshkosh 
for a public library. In construing that will, in Danforth vs. 
Oshkosh, supra, the court says : "Abby S. Harris, by her will, 
now before us, has earned the right that her name be writ large 



Session of 1917 227 

among those who love their fellow men, and has sought to give 
her charity practical efficacy in a most wise and admirable field 
and generous form." 

If this bill were to become a law no person could give or will 
any personal property in trust for any religious, charitable, lit- 
erary, educational, or other purpose whatsoever for a longer term 
than two lives in being and twenty-one years thereafter. This, of 
course, would, in most cases, defeat the purpose of the gift or will. 

It will be noticed that there are no exceptions contained in 
this bill. There can be no suspension of absolute ownership of 
personal property beyond the term prescribed by the bill for any 
purpose whatsoever. 

The law against perpetuities (sections 2038 and 2039) when 
first enacted in this state did net contain the exceptions now 
found therein. The exception as to charitable and literary cor- 
porations was put into the statute by the revision of 1878 and 
the exception as to a charitable use was put in by an amendment 
in 1905, after the decision in the Danforth case in 1903. 

The supreme court in the Danforth case said they were strongly 
pressed to hold that our statute against perpetuities has no appli- 
cation to grants for charitable purposes/' But they said "There 
is no express exception of grants to charitable uses. The words 
are general, and only in defiance of their literal force could any 
such exception be allowed." "As an original question of construc- 
tion, we should feel entirely clear that any suspension of the abso- 
lute power of alienation, excepting those expressly exempt3d in 
the statute itself, for whatever purpose, charitable or otherwise, 
was intended to be prohibited." 

After this decision the words "to a charitable use" were in- 
serted in the statute, as above stated, so as to permit a gift, grant 
or devise "to a charitable use." 

If, therefore, the bill under consideration should become a law, 
containing as it does no exception whatsoever, we would have 
this situation in this state: Eeal estate could be given, granted 
or devised in trust to a charitable use or to literary and charitable 
corporations organized under the laws of this state for their sole 
use, without violating the statute of uses and trusts and perpe- 
tuities, while no such gift, grant or bequest could be made of per- 
sonal property. 



228 Messages to the Legislature 

There is no reason or logic for such a condition; public policy 
condemns it and public opinion would not approve of it. 

No one, not even the friends of this bill, I venture to say, 
would desire such a distinction to be made in the law between 
real and personal property. 

For these reasons I cannot give the bill my approval. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated at Madison, Wisconsin, July 9, 1917. 



To the Honorable, the Legislature : 

I return herewith bill No. 116, A., without my approval. 

This bill must be considered in connection with bill No. 499, A. 
Together they make new rates of allowance to be paid by the state 
to the counties for the care of chronic insane cared for in county 
institutions, and the amounts that the counties shall pay the state 
therefor. 

Under the present law the state receives, from the counties, 
one dollar and seventy-five cents per week for each patient main- 
tained in state hospitals for the insane. 

This rate remains unchanged in the bills under consideration. 
Under these bills the rate that the state would be compelled to 
pay to the county has been advanced from one dollar and seventy- 
five cents per week to two dollars and twenty-five cents, or an in- 
crease of fifty cents per week per capita. 

This increase was made upon the theory that it is justified by 
the increased cost of living. It cannot be denied that the cost 
of living has been substantially increased and that such increase 
has naturally affected the cost of maintaining asylums. However, 
state institutions have been affected in a like manner, and if any 
change is made in the allowance made to the counties by the state, 
or to the state by the counties, the amount should be the same in 
both cases ; in fact, if the state is to be adequately compensated for 
the service that it renders it is entitled to a higher rate than are 
the counties. 

The patients in the state institutions are largely acute cases, 
that require medical and nursing attention. The state institu- 
tions are equipped with adequate medical and nursing service and 
have many other expenditures which the county asylums, which 



Session of 1917 229 

are merely custodian institutions, do not have. The inmates of 
county asylums are, in the main, the so-called chronic insane and 
do not require the attention that is given to the acute cases by 
the state in state hospitals because of the fact that the latter 
patients are not hopeless and every effort must be made to restore 
their health, which must of necessity add much to the cost. 
Furthermore, many of the chronic insane, who are in county 
hospitals, are employed at farm work where they are able to 
earn at least a part of the cost of their maintenance. 

If the state's interest had been properly protected in this bill 
by giving it the same increased allowance that is given to the 
county, the proposed law would not have produced as great an 
inequality and I would have given it my approval. However, under 
this bill and the provisions of bill No. 499, A., the increased cost 
to the state for the care of the insane would be more than three 
hundred thousand dollars for the next biennium. In view of the 
large military expenditures which the state treasury must meet, I 
cannot agree to permit the additional expenditures provided in 
this bill and in No. 499, A., to be saddled on the state treasury. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated at Madison, Wisconsin, July 13, 1917. 



To the Honorable, the Legislature : 

I return herewith, without my approval, bill No. 437, S. 

My objections to this bill are manifold. 

The bill repeals all the provisions of the present statutes for 
appeals from the county courts to the circuit courts in probate 
matters, and provides that all such appeals shall hereafter be 
taken directly to the supreme court. 

To provide that appeals may be taken direct to the supreme 
court from the seventy-one county courts, in all probate matters, 
would greatly increase the work of that court. On account of 
excessive work, the supreme court has been increased in recent 
years from three members to its present membership of seven. 
If this bill were to become a law the number of judges of the su- 
preme court would necessarily have to be increased, to dispose of 
the additional number of cases they would be called upon to de- 
cide. This, in my judgment, would not only increase the mem- 



230 Messages to the Legislature 

bership of that court beyond the number that an appellate court 
should consist of, but would increase the expense to the state, and 
without any benefit whatsoever to litigants; in fact, the cost to 
litigants, as hereinafter set forth, would be increased. 

There are county judges in the state who are not, and under 
the statutes are not required to be, practicing attorneys. In my 
judgment it would be unwise to permit an appeal directly to the 
supreme court from a court which is presided over by a judge 
who is not a practicing attorney. 

By the bill, appeals are permitted to be taken directly from 
the county court to the supreme court from all orders allowing 
or disallowing any claim against the estate of a deceased person, 
where the amount in dispute is over twenty dollars. At the 
present time such appeals go direct to the circuit court of the 
county in which the county court is located. 

This method of appeal affords litigants an easy and compara- 
tively inexpensive method of reviewing orders and judgments of 
the county court where the amount involved is comparatively 
small. An appeal to the supreme court is expensive and cannot 
be taken without financial loss to litigants unless a substantial 
amount is involved in the litigation. 

If appeals to the circuit courts are to be abolished and all ap- 
peals denied except directly to the supreme court, it would mean 
practically a denial of all appeals from the decision of the county 
court where the amount involved was not sufficient to warrant 
the expense necessarily incident to appealing to the supreme court. 

The bill under consideration provides for jury trials in all 
will contests in the county court; the verdict of the jury is not 
advisory and special verdicts are denied. Yet in the trial of a 
will contest in the circuit court, the verdict of a jury, is advisory 
and special verdicts are permitted. 

This certainly is an anomalous situation when we consider that 
the bill provides that in will contests, as well as all others, either 
party may have the case transferred from the county court to the 
circuit court. In practice this would result in every will con- 
test being transferred, by one party or the other to the litigation, 
to the circuit court and thereby deprive county courts of one of 
their principal functions. 

There are several other inconsistencies in the bill which it is 



Session of 1917 231 

needless to point out, as I feel that I have already given abun- 
dant reasons for withholding my approval of this bill. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
July 13, 1917. 



To the Honorable, the Legislature: 

I herewith return, without my approval, bill No. 430, S. 

This bill provides that when any county has five hundred acres 
or more of lands which would be benefited by drainage any per- 
son may file a petition with the county judge or county court 
for the appointment of a county drainage board of three mem- 
bers, who shall have charge of all drainage in the county. 

We have on the statutes now a law providing for drainage in 
any town upon the petition of six free-holders in the town; also 
a law providing for county drains where the territory sought to 
be drained lies in two or more towns in the county; also the 
drainage law passed by this legislature, bill No. 473, S., which 
provides for drainage districts irrespective of town or county 
boundaries. 

It would seem that these statutes cover every possible situa- 
tion that might arise where drainage is necessary. However, 
in addition to these statutes there is a statute providing for city 
drainage districts and the drainage of swamp lands. 

With these statutes already enacted I cannot conceive of any 
situation which might arise that would make it necessary for 
additional legislation on the subject of drainage. In my opin- 
ion, bill No. 430, S. is an unnecessary duplication and creates 
an unnecessary additional expense without any adequate necessity 
therefor. 

Furthermore, this bill does not provide for any court review 
on the assessment of benefits and damages which may be as- 
sessed by the drainage commissioners. In other words, the as- 
sessment of benefits and damages by the drainage commissioners 
is final and conclusive. 

In my judgment any act which provides that the body making 
the assessment shall have the final and conclusive say as to the 



232 Messages to the Legislature 



* 



amount of the assessment is wholly vicious, arbitrary and unwar- 
ranted under our form of government. 

For these reasons I cannot give this bill my approval. 
Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

To the Honorable, the Legislature: 

I herewith return, without my approval, bill No. 473, S. 

This bill repeals all of the existing statutes of this state relat- 
ing to drainage districts and reenacts a complete law on that sub- 
ject. 

This bill was prepared under the direction of a joint commit- 
tee appointed by the legislature of 1915, and I regret to be com- 
pelled to withhold my approval of a bill drafted under these cir- 
cumstances. 

Many of the features of the bill have my heartiest approval, 
and I should be pleased if a quorum of the legislature had bsen 
present when the bill reached me for my approval, so that those 
features of it to which I object might have been either entirely 
stricken from the bill, or so modified as to eliminate my objec- 
tions thereto. Nearly all of the members of the legislature had, 
however, gone to their respective homes when the bill reached 
me for my approval, and although I had drafted and presented 
to the members that were here a bill for introduction, striking 
from this bill the objectionable features thereof, those members 
of the legislature who were here, being very few in number, did 
not desire to take the responsibility of vitally amending a law 
and changing the policy that had been enacted by the entire body 
while in session. And in this I believe that they were entirely 
right. However, I cannot give the bill my executive approval 
with these features in it. 

The provisions of the bill which, in my judgment, are obnox- 
ious and probably unconstitutional, are contained in subsections 
16, 17 and 18 of section 1379 — 17 and section 1379— 31zb. 

These sections of the bill would permit absolutely the removal 
of any dam in any navigable stream in the state of Wisconsin, 
whether such dam was located within or without the drainage 
district, whenever a drainage district was organized for any 
district bordering upon or the ditches of which discharged into 
any navigable stream of the state. 



Session of 1917 233 

It is true that in form the matter is referred to the Eailroad 
Commission in all cases where work is necessary in any navigable 
stream, bnt the Eailroad Commission is granted power to decide 
only two questions, namely: First, Is the proposed work neces- 
sary? Second, Will the proposed work permanently injure the 
navigability of said stream? 

It will be noticed that the Railroad Commission has no dis- 
cretion whatever in the matter if it finds that these two facts 
exist. That they do exist and must necessarily exist in any pro- 
posed drainage district, is self-evident. Neither the decision of 
the Railroad Commission, nor any other body is necessary to de- 
termine that the navigability of a navigable stream will not be 
permanently injured by putting more water into the stream from 
drainage ditches ; and the fact that the proposed work is necessary 
has been practically predetermined before the matter reaches the 
Railroad Commission. 

If this bill vested in the Railroad Commission, or some other 
public body, the authority to determine whether the public would 
be better served by the construction and maintenance of a drainage 
district than by the then existing dams in navigable waters when 
it is sought to interfere with them by drainage, and proper com- 
pensation to the owners of the dam and riparian owners and other 
persons affected by the change had been provided for, it would 
have met with my approval, although there are several other 
features of it which, in my judgment, ought to be changed. 

Being that I cannot give this bill my approval in its present 
form and that so few members of the legislature are now here 
that it is impossible to so change the bill as to meet my objec- 
tions to it, even if they agreed with me that they were well 
founded, I recommend that a new bill be drafted for introduc- 
tion, either at the next session of the legislature or at a special 
session, if one is called, consolidating, amending and harmoniz- 
ing all the present laws on drainage, the provisions of which, I 
am advised, are at present inharmonious, conflicting and unwork- 
able in many particulars. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated at Madison, Wis., July 16, 1917. 



234 Messages to the Legislature 



GOVERNOR'S MESSAGE. 

Feb. 19, 1918. 
Gentlemen of the Senate and Assembly: 

I have called you to meet in special session to enact such urgent 
legislation as is needed to provide the necessary money to meet 
the extraordinary military expenditures of the state, which have 
been incurred and may in the future be required to enable the 
state to do its part in the war and provide our troops with neces- 
sary equipment, and such further legislation as seems urgent at 
this time. 

During the last session it was impossible to foresee what our 
extraordinary military expenditures would be. There is an un- 
limited appropriation for military purposes upon our statute 
books. However, no provision was made for raising the money 
to meet the expenditures that may be made under this authoriza- 
tion. 

We recruited our guard to the full strength of sixteen thous- 
and men as provided by law and ordered by our national govern- 
ment. The men were mobilized at Camp Douglas about July 
first and were called into federal service July 15th. Under the 
law the state paid the transportation of the men from their homes 
to the mobilization camp, paid each man one month's wages and 
paid the cost of maintenance from the time that the troops were 
mobilized until they were finally taken over into the regular army. 
At the time the troops were ordered south the federal government 
was not prepared to furnish sufficient clothing and equipment. 
In order that the men might be provided with the necessary com- 
forts the state purchased ten thousand suits of clothes, much 
equipment and blankets, all of which cost large sums of money. 

In addition to the above expenditures considerable sums of 
money have been expended in carrying out the act of 1917 which 
gives state aid to soldiers' dependents. This expense will con- 
tinue during the war. 

The amounts of money expended from July 1st, 1917, to Feb- 
ruary 1st, 1918, for the various extraordinary military purposes 
are as follows : ....•• 



Session of 1918 235 

Pay of officers and men— including recruiting duty 

and service $406,239.74 

For equipment 218,928.79 

Aid for dependents 47,796.20 

Expenses 20,568.53 

Total $693,533.26 

In addition to the above amounts the state expended $105,- 
000.00 in preparing our National Guard for the expedition to 
the Mexican border in 1916. 

It is clearly the duty of the United States government to clothe 
and equip the soldiers that it calls into service. The govern- 
ment, however, was unable to assemble the necessary supplies in 
the short time that elapsed from the declaration of war to the 
date on which our troops were forwarded, and it was incumbent 
upon the state to equip its troops or send them to the mobiliza- 
tion camps in the south in civilian clothing and without equip- 
ment. The wisdom of the expenditure has been fully demon- 
strated and the success of our guard leaves no opportunity to 
regret the use of the state's money for the purposes I have stated. 
With the possible exception of the amounts expended for aid for 
soldiers' dependents, the amounts stated are in fact a loan to the 
national government and may at some future time be presented 
to the United States government as a claim for refund, and there 
is sufficient precedent to assure us that when the war is over 
Congress will make the necessary appropriation to return these 
amounts to the state with interest. A like situation arose during 
the Civil War and all the money that was advanced by the state 
during that period for like purposes was repaid to the state by 
the United States government with interest. 

The amounts that we have expended were taken from the gen- 
eral fund cf the state treasury and should be restored to that 
fund. The state has sufficient income to meet the appropriations 
made by the last Legislature for the ordinary purposes. No tax 
levy was necessary for general purposes, and the indications are 
that we shall keep the state's expenditures close to the legislative 
budget. Owing to the large demands that the United States gov- 
ernment is compelled to make upon our citizens for the support 
of the war I feel that the state should not now levy a tax upon 



236 Messages to the Legislature 

our people to meet these extraordinary war expenditures by the 
state, particularly in view of the fact that these expenses are in 
the nature of a loan to the government and that the amount will 
ultimately be returned to us. 

For these reasons I recommend to you that you authorize a 
bond issue of one million dollars, and that a sum sufficient to 
meet the expenditures since July 1st, 1917, be sold immediately 
and the money thus realized be returned to the general fund of 
the state treasury and that the balance of the bonds be held in 
the state treasury to meet future extraordinary war expenditures 
of the state. We cannot, however, cover the amount that we ex- 
pended on the Mexican border expedition by bond issue under our 
constitution. 

I wish to impress upon you again that the state will lose noth- 
ing by this system of financing, as the United States government 
can be safely relied upon to pay this money back into the state 
treasury with interest. 

The details of the bond, which I feel should bear four and 
one-half per cent interest per annum, will be submitted to you in 
a bill which I have caused to be prepared. There is no constitu- 
tional objection to this bond issue. Section 7 of Article VIII of 
the Constitution provides that "The Legislature may also borrow 
money to repel invasion, suppress insurrection, or defend the 
state in time of war; but the money thus raised shall be applied 
exclusively to the object for which the loan was authorized, or 
the repayment of the debt thereby created." 

It cannot be successfully urged that the state is not in danger 
of invasion. It is true, so far as we know, no detachment of the 
enemy's troops is now enroute for the special purpose of invad- 
ing the state of Wisconsin. The state, however, is an integral 
part of the Union and the United States is engaged in war and 
is, therefore, subject to invasion, and because of the fact that our 
country is threatened, as every country is that is engaged in war, 
it must be held that a threatened invasion of any part of the 
United States is in fact a threatened invasion of the state of 
Wisconsin, which is one of the integral parts of the Union. 

The question was passed upon by our Supreme Court in an 
informal manner when the Legislature of the state authorized 
a bond issue in 1861. The identical question was passed upon 
by the Supreme Court of California under practically the same 



Session of 1918 237 

constitutional provisions, where it was held, in the case of Frank- 
lin vs. State Board of Examiners, 23 Cal. 173, that "The exist- 
ence of the emergency calling for the exercise of the power (mean- 
ing the power to issue bonds in time of war) is purely a political 
question, and the Legislature, as a body in whom the political 
power of the state is vested, is the sole judge as to the existence 
of such emergency." 

The court continued: "But even if it was necessary for this 
court to decide whether or not war exists in the country, and that 
the emergency had arisen justifying the exercise of the power, 
there is sufficient in the condition of our National affairs to sus- 
tain the position that the emergency existed which justified the 
Legislature in passing the law." 

This construction was given during the Civil War, when the 
Confederate states seceded from the Union, although no invasion 
of the state of California had been threatened. 

Drainage 

The operation of our general drainage law has been unsatis- 
factory. During the last session the Legislature passed a bill 
making certain amendments and changes which upon careful 
consideration were found to be unsatisfactory, and I felt it neces- 
sary to veto the same. The state has a large area of marsh land, 
a considerable part of which can be brought into cultivation if 
properly drained and I am anxious that a practical and fair drain- 
age law should be enacted. 

With that in view I appointed a committee of eminent laAvyers 
and soil and drainage experts to revise our present drainage law 
and prepare a new act which I submit to you. It contains the 
following provisions, which I have been anxious to have incor- 
porated in the law: 

In order to protect the tax payers against drainage of land 
which cannot be converted into agricultural land because of the 
character of the soil, the bill provides that before any drainage 
work can be undertaken the drainage commissioners must obtain 
a report upon the feasibility of the proposed drainage, the prob- 
able cost, and a preliminary plan from the State Chief Engineer, 
and also a report from the College of Agriculture of the Univer- 
sity on the quality and character of the soil, the present agricul- 



238 Messages to the Legislature 

tural value of the land and the kind of crops to which the land 
will be adapted after drainage ; and also a soil map of the district. 

I urge these provisions, 1st. To encourage drainage of land 
that has an agricultural value; 2nd. To discourage or prevent 
drainage of land that is worthless after it is drained; 3rd. To 
prevent in the future misrepresentations of the value of drained 
land for agricultural purpose; 4th. To determine for certain 
that any drainage project that is undertaken is feasible and when 
completed will actually drain the soil affected by it. This is neces- 
sary to save the land holders from large drainage taxes to pay for 
projects of that kind that are worthless after completed. 

When it appears that it is necessary to enter upon the waters 
of any navigable stream or to acquire and remove any dam or 
obstruction from the stream, the matter is referred to the Rail- 
road Commission at once. If the Railroad Commission, after a 
hearing, shall find that the public health and public welfare will 
be promoted by the removal of any dam or other obstruction 
from a navigable stream, and that the work proposed is necessary 
to the proper operation of the drainage system and will not im- 
pair the navigability or other public right in any such waters or 
stream, then and then only, is permission and authority granted 
to the drainage commissioners to proceed with the work. If it is 
necessary to remove any dam or interfere with the waters of any 
navigable stream before proceeding further, the drainage dis- 
trict must procure by purchase or condemnation proceedings the 
riparian rights, rights of flowage, dams and water power affected, 
whether the same be within or beyond the limits of the drainage 
district. 

Soldiers' Vote 

Chapter 2 of the Special Session of 1916 was enacted to enable 
members of the Wisconsin National Guard who were on duty 
outside of the state of Wisconsin to vote at general elections, or 
at special elections when held to fill a vacancy in an office re- 
quired to be filled in the first instance at a general election. 

Under the provisions of this law the members of the Wiscon- 
sin National Guard were permitted to cast their vote at the gen- 
eral election, notwithstanding the fact that they were in Texas, 
and I am informed it worked very satisfactorily. 



Session of 1918 239 

Since that time, however, the Wisconsin National Guard has 
been mobilized into the federal service and the law passed at 
the special session of 1916 is no longer applicable, and must be 
amended to meet the new situation. 

The Adjutant General of the War Department at Washington 
has given orders that upon application to the commanding officer 
of the department or division for permission to secure and take 
the vote of officers and men of any state serving in said com- 
mand and within the borders of the United States, such com- 
manding officer shall specify the place or places where such of- 
ficers and soldiers may vote, and shall allow the properly quali- 
fied election officers of the state an opportunity to secure the votes 
of its citizens in such command. 

In conformity with such order of the Adjutant General, I have 
had prepared for your consideration a bill amending the 1916 
act, broadening its provisions so as to permit the qualified electors 
of this state in the military service of the United States to vote 
whenever 200 or more of them are stationed in any place out- 
side of the borders of this state but within the territorial lim- 
its of the United States. Being that the state has to send a 
special messenger to collect these votes I deem it wise to provide 
that such messenger shall be sent only when there are 200 or 
more electors at any one place, and that wherever there are less 
than 200 stationed at any one place they will be permitted to 
vote under the envelope method of absent voting. These two 
methods of voting combined will permit every voter of this state 
who is absent from his place of residence on account of service 
in the military forces of the United States or of this state to ex- 
ercise his right of suffrage. 

Automobile License 

It has been brought to my attention that under the present 
statute manufacturers and dealers of automobiles cannot trans- 
port automobiles under their own power from the place of manu- 
facture to the place of the dealer under a manufacturer's or 
dealer's license but that a private license must be obtained for 
each car. 

In view of the fact that government regulations now provide 
that automobiles which are to be transported from the place of 



240 Messages to the Legislature 

manufacture to the dealer within a certain radius must be trans- 
ported under their own power instead of being shipped by rail, 
I deem it but fair to permit such dealer or manufacturer to 
so transport such automobile under a manufacturer's or dealer's 
license. If they were shipped by rail no license whatever would 
be necessary. Additional number plates may be obtained by a 
manufacturer or dealer at fifty cents each, and it is, therefore, 
no hardship to obtain extra number plates for these cars, but it 
would be if they were required, as under the present statute, 
to pay from ten to twenty-five dollars for an individual license 
for each car. 

Teachers' Salaries 

I have an urgent request from the teachers of the graded schools 
of Milwaukee that you pass an act increasing the mill tax in the 
city of Milwaukee in a sufficient sum to enable the school board 
of that city to grant them an increase in salaries during the period 
of the war and one year thereafter. 

I have a like application from the teachers in the State Nor- 
mal Schools, who are making a strong demand for an increase in 
their salaries. 

In both cases the increase demanded is predicated upon the 
high cost of living. It appears to me from an examination of 
the salary schedules that some concessions should be made in 
both cases. That our teachers are rendering a valuable service 
no one will attempt to deny. It follows then that they should 
receive a compensation which will enable them to maintain a 
standard of living that is in keeping with their profession. The 
standard of salaries should, however, in the former case, be estab- 
lished by the School Board of Milwaukee, and in the latter by 
the Board of Kegents of the Normal Schools. 

I have asked both of these governing bodies to furnish me a 
statement showing the increases that in their judgment are justi- 
fied, the class of teachers to whom this should apply, and also 
answer the question whether the money that is now available is 
sufficient to grant such increase — in other words, whether it is 
really necessary in either case to give an additional income, by 
special act of the Legislature, to give the teachers fair and just 
compensation under the present circumstances. 



Session of 1918 241 

I am without definite reply from these boards and I shall ask 
them to appear before you to explain the condition of their finances, 
to present the demands of the teachers and give their justifica- 
tion for increased incomes. 

Milwaukee County Civil Service Law 

The County Civil Service Commission of Milwaukee county, 
together with the Joint Committee of Judiciary and Finance of 
the County Board of that county, have agreed to certain amend- 
ments to the civil service law affecting Milwaukee county, whereby 
certain officers who are now in the unclassified service are to be 
transferred to the classified service. 

If this agreement meets with your approval the assistant dis- 
trict attorneys, register in probate, assistant register in probate, 
jailer and county auditor in Milwaukee County will be transferred 
from the unclassified to the classified service. I submit this matter 
for your serious consideration. 

Additional Nurses 

There is a call for additional nurses by the government, to 
meet the requirements of the war. In order to meet this require- 
ment it is recommended by the State Board of Medical Examiners 
and by the Association of Graduate Nurses that college graduates 
who have had a course in physics, biology and chemistry, shall re- 
ceive a credit of nine months, which would allow them to graduate 
in two years and three months from a nurses' school. I believe 
this to be a wise provision and I recommend it to you for your 
consideration. 

Child Labor Laws 

Section 1728a— 11, which relates to child labor laws, is not 
in harmony with the balance of our statutes upon that subject. 
The Industrial Commission recommends that this law be repealed 
and I submit it to you for your consideration. 

I recommend that sections 1728p to 1728za, inclusive, and 
otherwise known as the "street trade law," be amended so as 
to extend its provisions to cities of the second, third and fourth 
classes. 



242 Messages to the Legislature 

Agricultural Agents 

The necessities of the war make it necessary to increase our 
agricultural area, as far as possible, in order that we may raise 
food for ourselves and our allies. I recommend that two addi- 
tional county agricultural representatives be authorized and that 
you make an appropriation therefor. 

House of Correction 

The Milwaukee House of Correction desires to employ a num- 
ber of its prisoners at road work and other employment outside 
of the prison walls. I regard it in the interest of the prisoners 
that they be given such employment, particularly in agricul- 
tural work and road building. It is the experience of the state 
that prisoners taken from the state institutions and thus em- 
ployed are benefited physically and morally. Furthermore, it 
gives them an opportunity to earn their own living, which is 
right and proper. 

In the case of the Milwaukee institution there is no law un- 
der which prisoners who escape while thus employed outside of 
the prison walls can be punished, and I recommend that you pro- 
vide penalties for escape when so employed. 

Sedition 

There comes a strong demand from various sections of the 
state for legislation which will prohibit inciting or attempting 
to incite or aiding in inciting insurrection or sedition, and pro- 
hibiting the teaching or advocating of disloyalty to the national 
government, and prohibiting interfering with or discouraging 
preparations for national or state defense. 

There should be no legislation which attempts to interfere 
with the guaranteed right of free speech or freedom of the press, 
and I will not agree to any provision of law which is intended 
to interfere with the reasonable exercise of these rights. We must 
expect, however, and particularly if the war is of long duration, 
that agitators will spring up among us who will wish to interfere 
with the proper functions of the state in its effort to carry out 
the wishes of the federal government. Such actions should not 
be tolerated, and any act upon the part of a citizen or any body 



Session of 1918 243 

of citizens or any newspaper or other publication, the clear pur- 
pose of which is to incite people to opposition to the government, 
either by discouraging military service or any other helpful co- 
operation, should be forbidden by law and the guilty persons 
punished therefor. 

This does not mean that there may not be criticism of the gov- 
ernment. Constructive criticism is helpful and if made in the 
right spirit is in no sense objectionable. People should have the 
right to assemble and discuss the best interests of our country. 
The press should retain the right to criticise any shortcoming of 
the government; nor should any speaker be interfered with who 
calls attention to any weakness in our government, whether it 
appertains to the management of the war or any other activity. 

These privileges are all helpful when indulged in by honest 
people in an honest way. In other words, there is no harm in 
truth. Harm comes from falsehood, deliberate falsehood. There 
will be no difference of opinion among honest men on the ques- 
tion of stating facts, nor can there be any difference among 
honest men on the propriety of punishing the deliberate liar. 

The bill that will be presented to you upon this subject is 
substantially the law in several representative states. I submit 
it to you for your consideration. I am -firmly of the opinion that 
if enacted into law no harm can come under it to any good citizen, 
and those to whom this term cannot be applied we need not give 
any special concern. 

Skim Milk Cheese 

Owing to the scarcity of food and the high price that our 
people are now compelled to pay for it, it is incumbent upon us 
to conserve all products that are fit for human consumption. 
Several years ago a law was passed in this state which forbids 
the manufacture of cheese from skimmed milk, except in a form 
that in practice was found impossible. It was in one respect 
a wise provision because it prohibited the sale of an inferior article 
for full cream cheese, which was a fraud on the public and at the 
same time an injury to the reputation of our Wisconsin product 
in the markets of the country. As a result of that statute millions 
of gallons of skimmed milk are daily fed to the calves and the 
swine on our farms, that could be and should be converted into 
human food, particularly now. 



244 Messages to the Legislature 

I recommend that you pass an act which will authorize the 
manufacture of skim milk cheese in this state in such forms and 
shapes as will make it impossible to sell it as a substitute or an 
imitation of full cream cheese. Many varieties of skim milk 
cheese are made in this state now in a small way, but in viola- 
tion of our law. The statute should be so amended as to permit 
this. 

A law authorizing the manufacture of skim milk cheese under 
proper restriction has the further advantage that it enables the 
buttermaker to use this by-product and realize a considerable sum 
of money from it. This will, to some extent at least, enable him 
to meet the prices that are being paid for milk for other uses. 
We must not discourage butter production. It will not do to 
convert all the milk that we produce into one commodity or two 
commodities. Butter is as essential for human food as the other 
products that are made of milk, and as matters stand today the 
buttermaker is at a decided disadvantage as against the users of 
milk for other commodities. 

I ask you to consider this question carefully and enact such 
legislation as will: 1st. Conserve this valuable food product, and 
2nd. Give the buttermakers of the state a chance to compete for 
the milk that is produced. 

Venereal Diseases 

The National Council of Defense and the Surgeon- General of 
the United States have made an urgent appeal for further legis- 
lation controlling venereal diseases. The object is to further 
protect the young men who are selected for military service, and 
I ask your consideration of the bill which will be submitted to you 
upon this subject. It has been studied by the Health Department 
of this state and has the general approval of physicians who have 
been consulted upon the subject. 

Union Grove 

A further appropriation is necessary to complete and equip the 
Home for the Feeble-Minded at Union Grove. The requirements 
will be fully explained by the Board of Control and the Chief En- 
gineer of the State. 



Session of 1918 245 

Banking Law 

Under our banking law a state bank cannot pledge any of its 
assets to any depositor. That act makes it impossible for the 
state banks to secure deposits from the national government. I 
have been urgently requested by the treasurer of the United States 
that you so amend our banking act that it will be possible for our 
state banks to deposit a part of their assets with the regional banks, 
in order that the money that is realized from the sale of liberty 
bonds may be held in the state banks where the sale is made until 
such time as the government requires it. The amount of assets so 
deposited with the regional banks should in no case exceed the 
sum of the capital stock and the surplus of the bank. 

The frequent bond issues by the government, made necessary 
on account of the war, make this legislation advisable for two 
reasons : 

1st. It will reserve to the banks, for a time at least, the amount 
of money that is invested in government bonds, and in that man- 
ner protect the working capital of the bank. 

2nd. It will encourage the purchase of government bonds by 
the banks, which is absolutely necessary if we are going to do our 
part towards financing the government during the period of the 
war. 

I would not advise that this privilege be extended beyond one 
year after the close of the war. Our state banking system has been 
good and I would not recommend any radical departure from its 
laws that have so far governed them were it a time of peace. How- 
ever the situation has been changed in this state, as elsewhere, 
and we must adjust ourselves to it, and during the period of the 
war we must place ourselves in position to give the government 
every possible aid. I, therefore, recommend that you give the bill 
that will be presented upon this subject your thoughtful considera- 
tion. 

The Vacancy in the United States Senate 

The death of United States Senator Paul 0. Husting created 
a vacancy from the state in the United States Senate. In my call 
for a special session I have asked you to make provision for the 
filling of vacanies in the cmce of United States Senator by grant- 
ing the Governor power to make a temporary appointment until 
the next succeeding general election. 



246 Messages to the Legislature 

The Constitution of the United States, from the time it was 
originally adopted until the Seventeenth Amendment was rati- 
fied by the states, gave the Governor of each state the power to 
make temporary appointments in the office of United States Sena- 
tor when a vacancy happened during the recess of the Legislature, 
such temporary appointment to hold until the next meeting of the 
Legislature. 

The Seventeenth Amendment contains a provision under which 
the Legislature of any state may empower the Governor to make 
temporary appointment until the people fill the vacancy by elec- 
tion. The similarity between the original constitutional provision 
and the amendment are strikingly apparent. 

Under the original provision the Legislature elected the United 
States Senator, and when a vacancy occurred during a recess of 
the Legislature, the Governor was given the power to appoint until 
the next meeting of the Legislature, when the vacancy was filled 
by the Legislature. 

Under the Amendment the people elect the United States Sena- 
tor, and it is provided that the Legislature may empower the Gov- 
ernor to make temporary appointment until the people fill the 
vancancy by election. 

The right of the Legislature to make provision for temporary 
appointments by the Governor has been recognized by thirty-four 
states. The states whose Legislatures have given the power of ap- 
pointment to their Governors are as follows: 

Arizona, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, 
Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Min- 
nesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New 
Hampshire, New Mexico, New York, North Carolina, Ohio, Okla- 
homa, Oregon, Pennsylvania, South Carolina, South Dakota, 
Tennessee, Texas, Utah, Vermont and Virginia. 

This action by so large a number of representative states should 
completely silence the argument that the Constitution is in itself 
mandatory and that the Governor is thereby compelled to imme- 
diately call a special election whenever a vacancy occurs in the 
United States Senate. 

While it is true that the Seventeenth Amendment provides 
that "When vacancies happen in the representation of any state 
in the Senate, the executive authority of such state shall issue 
writs of election to fill such vacancies/' yet it will be observed 



Session of 1918 247 

that there is no provision as to when the executive authority shall 
issue the writs of election; nor when such election shall be held 
if writs are issued, and no provision whatever is made for special 
elections. 

The Seventeenth Amendment is not self-executing. It needs 
legislation to vitalize its provisions. The Legislature of this state 
has provided that if a vacancy occurs not more than four months 
nor less than twenty days before a general election, the vacancy 
may be filled at such election; no provision being made for filling 
a vacancy thus occurring at any other time than the general elec- 
tion. The same section of the statutes, however, provides that if 
such vacancy occurs more than four months or less than twenty 
days before a general election the vacancy may be filled at a special 
election, and then follows this significant provision, "if the vacancy 
is not filled at a special election it may be filled at any subsequent 
general election before the end of the term." 

The language of this statute does not obligate the Governor to 
fill the vacancy at a special election, and expressly provides what 
shall happen in case he does not do so, namely, that the vacancy 
may be filled at any subsequent general election before the end of 
the term. 

This provision of the statute is not mandatory upon the Gov- 
ernor, but purely directory. Application was made to former 
Attorney- General Walter C. Owen that he begin an action of 
mandamus against the Governor to compel the calling of a special 
election. This application was refused. After Mr. Owen took 
his seat on the Supreme Bench and Mr. Spencer Haven had been 
appointed Attorney-General in his place the application was re- 
newed and was again refused. An action of mandamus has sub- 
sequently been commenced in the Supreme Court to compel the 
Governor to call a special election. This matter will not be de- 
cided by the Supreme Court in all probability until after you have 
finished your deliberations and returned to your respective homes. 
The action relates solely to filling vacancies at special elections and 
has nothing whatever to do and in no way conflicts with the filling 
of vacancies by appointment, the power that I have asked you to 
confer upon the Governor. 

Believing the statute to be directory only I have not felt that 
the law compels me to call a special election, and I feel that the 
best interests of the state demand that I shall not do so at this 



248 Messages to the Legislature 

time. In discussing the reasons for my course in this matter I 
wish to say in the outset that I have no quarrel with any man or 
any newspaper that honestly helieves that the calling of a special 
election to fill this vacancy is the proper course to follow. I main- 
tain, however, that the position of some newspapers and some men 
in the state upon this question has been influenced by political in- 
terest rather than any desire to be helpful to the state. 

Perhaps the strongest argument that has been presented by 
the friends of a special election is the demand that the elector- 
ate of the state be given an opportunity to give an expression 
of loyalty to the United States government during this time 
of a great crisis on account of the war. 

My reply to that argument is that the state of Wisconsin has 
already proven its loyalty by actions that are a stronger proof 
than the result of any special election would be, held at this 
time, under the many difficulties that make a full and free ex- 
pression by the people impossible. Furthermore, the result of 
such an election may be influenced by a confusion of issues 
which would give further opportunity to misrepresent the will of 
the people of this state upon the real questions of the war. 

The condition of our country highways, on account of the 
deep snow and the severe weather, make country travel next to 
impossible. A campaign of education that would enlighten the 
people on the issues of the war and the position of the senatorial 
candidates would, therefore, be impossible at this time; nor could 
we reasonably expect to attract any large number of voters to the 
polls. 

It has been suggested that the special election should be called 
at the time of the regular spring elections. While that would re- 
lieve the people of part of the expense, it would not save the cost 
of a senatorial primary. Furthermore, it is a recognized principle 
in our election laws that spring elections shall be kept non-partisan. 
It is a time when we elect our judges and educational officers and 
those positions should not be forced into politics. Therefore any 
statute that you may enact controlling the filling of vacancies in 
the United States Senate should not provide for an election at 
that time. 

The cost of a special election is large. Taking all expendi- 
tures into account it would probably reach $200,000.00. Although 
this sum of money is scoffed at by some election advocates and de- 



Session of 1918 249 

clared to be a mere bagatelle I cannot take that view of public ex- 
penditures. Furthermore, this is a time when great demand is 
made upon the people's resources and they can ill afford to spend 
their time and money on election projects that at best would 
produce doubtful results. 

No man who is a friend of this state will question the loyalty 
of our people. I cannot here declare that every man in this Com- 
monwealth is a patriot, and I daresay that no other Governor in 
this Union of states will rise and make such a claim for his people. 
The great masses, however, cannot be judged by the actions of a 
few, and I maintain that nothing has transpired in this state 
that justifies any man or set of men to demand that a census be 
taken upon the question of the loyalty of our people. 

Furthermore, the great mass of sensible and hard working people 
of this state who have done and are now doing their utmost to 
support our national government in these days of trouble will not 
wish to halt and devote their time and energies to a special elec- 
tion. No result can be obtained through it that will add strength 
to our government that cannot be obtained by an appointment. 

If the right to fill this vacancy temporarily is given to me I 
shall select a man of tried ability and patriotism. My willing- 
ness to take you, gentlemen of the legislature, into my confidence 
in making the selection, should convince you that I have no selfish 
purpose in it at all. My thought is to serve the people of this 
state and nation and for the enlightenment of those who have been 
made to believe that I have been controlled by a desire for personal 
political advancement, I want to say that I am not a candidate for 
the Senate and have had no thought of being one. 

I ask you, gentlemen, not to be influenced in this matter by 
political intrigue. Such schemes are not founded upon patrio- 
tism, or even good will for the people,— they are born in self- 
ishness. Let us not listen to those who would wish to create dis- 
sension among us in order that they may profit thereby. Let us 
do our duty fearlessly. Remember always that every good Amer- 
ican has but one thought in his mind now, and that is to save his 
country from destruction, and in that effort we must stand to- 
gether shoulder to shoulder, every man determined to do what is 
best for our country at all times. 

EMANUEL L. PHILIPP, 

Governor. 



250 Messages to the Legislature 

To the Honorable, the Senate: 

I return herewith, without my approval, bill No. 12, S., en- 
titled, "An act providing for borrowing of money and issuing 
bonds therefor for the purposes specified in section 7, article VIII 
of the constitution and providing for a special fund for the re- 
demption of such bonds." 

I withhold my approval of this bill for the following reasons : 

This bill is held to be unconstitutional for five separate reasons : 

First. Because it places the burden of carrying on a general 
state activity upon a small class of taxpayers only. 

Second. Because it does not levy a constitutional tax to pay the 
bonds and interest. 

Third. Because it is not within the terms of the call for the 
special session of the legislature. 

Fourth. Because it exempts from taxation all incomes below 
fifteen thousand dollars. 

Fifth. Because it is a surtax upon the incomes received in 1917. 

The first three constitutional objections are urged against the 
bill by Honorable Spencer Haven, attorney general for the state, 
and submitted to me in an official opinion under date of Febru- 
ary 28, 1918. 

The fourth and fifth constitutional objections have been sub- 
mitted to me by Attorney Charles B. Wood, of the firm of Wood 
& Oakley, bond attorneys, residing in Chicago, whose judgment 
upon the question of the validity of bonds is generally accepted by 
the leading bond houses of the country, and who was referred to 
upon the floor of the senate by the author of this bill as competent 
authority upon the constitutionality of the bond issue proposed by 
this bill. In submitting the bill to this firm of attorneys, I did so 
with the feeling that I was complying with the wishes of the senate. 
Their opinion is contained in a letter to me under date of February 
25, 1918, and is on file in my office. 

I believe the bond to be unsalable for the reason that the bill 
creates a bond that is payable in one year at an annual interest 
rate of five per cent, to be sold at not less than par. This type 
of security would be salable to bankers only and comes in com- 
petition with short time notes and commercial paper. The rul- 
ing rate of interest that is being paid for that type of securities 
at this time is from six to seven per cent per annum. While the 
bonds would be gilt-edged (if the act that created them were 



Session of 1918 251 

constitutional) they will bring no more in the market than well 
secured commercial paper or equally good short time notes. 

This bill undertakes a system of taxation that is new in the 
state of Wisconsin. It was understood to be an excess profit tax, 
when, in fact, it is not an excess profit tax but an additional in- 
come tax. I understand an excess profits tax to be a tax upon 
incomes received from investments in excess of certain reasonable 
returns. This bill proposes a tax on incomes in excess of fifteen 
thousand dollars, regardless of the amount of capital required to 
make that amount of profit. 

It is a new form of taxation because it seeks to levy a graded 
income tax upon all profits of fifteen thousand dollars and more, 
such taxes to be applied not to general purposes of the state but 
to certain specific public expenditures. 

If that theory of taxation were enacted into law the people 
might be arranged in classes and the payment of the cost of public 
activities allotted to them according to the class to which they be- 
long. This is contrary to the thus far established policy of this 
state that taxes shall be levied for general state purposes. 

I am not seeking to protect the class known as war profiteers, 
however, the exclusive privilege of taxing that type of excess profits 
should be conceded to the United States government during the 
period of the war. It is the one source from which the govern- 
ment must derive the larger part of its income. I do not main- 
tain that excessive profits are sufficiently taxed. In fact, I am 
firmly of the opinion that persons, firms and corporations who 
make an unusual profit now, and which is in excess of the profit 
made before the war, should be made to pay liberally to the sup- 
port of the government, so that the term "profiteers" will grow 
in disuse. There is, however, a wide difference between a nor- 
mal income that this bill seeks to tax and the excessive profits 
made by the profiteering class. 

I stated to you in my message that it is proposed to use the 
bond issue which I recommended to you to refund certain moneys 
which have been taken from the general fund of the state treas- 
ury, under authority of law, to clothe and equip the men of our 
National Guard before they undertook their trip to Texas in the 
service of the United States government. 

The full amount thus expended constitutes a claim against the 
United States government and will be repaid to the state at some 



252 Messages to the Legislature 

future time, when congress would be willing to make an appro- 
priation for such purposes. Like the claim that the state had 
against the government in the 60's, the money will be returned 
with interest. There is reason to believe that the people of the 
state would not be called upon to pay the bonds under the plan 
that I proposed to you, because the government may refund the 
money before the bonds come due. It is, however, necessary to 
use the credit of the state to carry the amount until the govern- 
ment makes the refund. 

Under the plan of this bill the amount is raised by taxation 
immediately. When the money is returned by the government 
it will go into the general fund of the state and will be used for 
general purposes, so that in the end the money collected from a 
comparatively small number of people for a specific purpose will 
find its way back into the state treasury to be used for general 
purposes. That may be good politics, but it is manifestly unfair. 

Complaint was made by the promoters of this bill that the 
bond issue which I proposed did not exempt the poor, and the 
usual empty-handed political sympathy was extended to them. 
Although, as stated above, there is no valid reason to believe 
that this proposed bond issue is any more than a temporary loan 
to the United States government, I will assume, for the sake of 
the argument, that the people might ultimately be called upon 
to pay it. The money has been used for the benefit of the brave 
Wisconsin boys who enlisted in our National Guard and are now 
in France. That the money has been wisely spent has not been 
questioned; nor has it anywhere been denied that they were 
greatly helped by it. 

The services of these men are appreciated by the people of this 
state and I will not believe that people in moderate circumstances 
would wish that they be excluded from the privilege of giving 
their mite towards this fund, so that they too may give public 
expression of their appreciation of the splendid military organiza- 
tion, the Wisconsin National Guard. 

It must seem small indeed to those who have been benefited by 
this money that an attempt should be made to create a political 
issue of the clothing, the food and the other necessities and com- 
forts that we gave them when they left their homes. 

Respectfully submitted, EMANUEL L. PHILIPP, 

Dated, February 28, 1918. Governor. 



Session of 1918 253 

To the Honorable, the Assembly: 

I herewith return, without my approval, bill No. 5, A. 

This bill provides that county boards may increase the appro- 
priations for county councils of defense from three one-hundredths 
of one mill to three-tenths of one mill. 

Any law passed at a special session of the legislature must com- 
ply with the constitutional provision regarding the calling of 
special sessions of the legislature r in order to be valid. 

Section 11 of Article IV of the constitution provides that no 
business can be transacted at a special session of the legislature 
except as shall be necessary to accomplish the special purposes 
for which it was convened. 

The special purposes for which a legislature is convened is 
contained, of course, in the proclamation calling for the special 
session. 

My proclamation calling for the present special session did 
not specifically include as one of the special purposes for which 
it was to convene, the authorizing of county boards to increase 
the sums that they might appropriate for. the benefit of county 
councils of defense. Nothing on that subject was specifically 
mentioned in the call. 

This bill cannot, therefore, be sustained by reason of any 
express provision of my proclamation. 

The only provision of the call under which it could possibly 
be claimed to be sustained is the fifteenth subject of the call 
which reads as follows: "To enact legislation prohibiting in- 
citing or attempting to incite or aiding in inciting insurrection 
or sedition, and prohibiting the teaching or advocating of dis- 
loyalty to the national government or opposition to the state gov- 
ernment, and prohibiting interfering with or discouraging prep- 
aration for national or state defense, and enacting such other 
legislation as will protect our citizens during time of war and 
providing suitable punishments and penalties therefor." 

All of the purposes specified in this fifteenth subject of the 
call are specific except "and enacting such other legislation as 
will protect our citizens during time of war." This bill cannot 
be sustained as being within any of the specific purposes men- 
tioned in this fifteenth subject, and, therefore, if sustained at 
all it must be by virtue of the words "and enacting such other 
and providing suitable punishments and penalties therefor." 



254 Messages to the Legislature 

A familiar rule of construction adopted by all courts is the 
rule of noscitur a sociis. Under this familiar rule the words 
"and enacting such other legislation as will protect our citizens 
during time of war" must be limited to protection of the same 
nature, kind, or class as that theretofore specifically enumerated. 
All the things specifically enumerated are criminal and, there- 
fore, "such other legislation as will protect our citizens during 
the time of war" must be confined to other criminal legislation 
which will protect our citizens during time of war. 

This is the more apparent from the concluding words of the 
fifteenth subject of the call "and providing suitable punishment 
and penalties therefor." The word "therefor" refers not only 
to those things specifically enumerated, but also those things which 
may be included under the broader term "other legislation." 
Therefore the "other legislation" which may be enacted under 
the fifteenth subject of the call must be other legislation which 
would carry a punishment or a penalty for its violation— in other 
words, a criminal statute and not a statute such as the bill now 
under consideration would be if it were to become a law. 

I am clearly of the opinion that bill No. 5, A., is not within 
the special purposes for which you were convened and, there- 
fore, if enacted into law would be void and of no effect. 

I am not unmindful of the doctrine that within the limits of 
the special purposes for which you were called you may act 
freely, in whole or in part, or not at all, as you may deem ex- 
pedient and according to your own judgment, but you cannot 
legally legislate upon business not named in the call. In re 
Governor's Proclamation, 35 Pac. 530. 

If the bill under consideration is not within the terms of the 
call, and, therefore, if enacted into law would be null and void, 
all tax levies in counties where the boards had appropriated 
money under its pretended authorization would likewise be null 
and void, and any taxpayer could question both the validity of 
the act and the tax levy. This would result in much litigation 
and might greatly embarrass the collection of taxes in many of 
the counties of the state. 



Session of 1918 255 

The only safe course to pursue is to permit the present law 
to stand until the next -regular session of the legislature. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, March 6, 1918. 



GOVERNOR'S MESSAGE 

September 24, 1918. 
Gentlemen of the Legislature: 

The new conscription act which was recently passed by Con- 
gress and approved by the President definitely binds the coun- 
try to the policy of consecrating its entire energy to the winning 
of the war as quickly as possible. 

The new act fixes the age limits from 18-45, both inclusive. 
The new military program as outlined by the Secretary of War 
calls for the increase of the army by more than two million men 
by July 1st, 1919. This necessitates the mobilization of all phy- 
sically fit registrants under twenty-one years of age as promptly 
as possible. 

In order that these young men who are now being called to 
the colors may be given an opportunity to continue their educa- 
tion, the United States War Department Committee on Educa- 
tion and Special Training (General Staff) proposes to establish 
military training schools at the educational institutions of the 
states so that these young soldiers may continue their studies 
as long as military necessities will permit and at the same time 
receive their military training. This system will apply to all 
institutions of collegiate grade which enroll for the course one 
hundred or more able-bodied male students over eighteen, and 
may also be applied to other institutions approved by the War 
Department Committee. The qualifications required for entry 
are the same as heretofore— graduation from a high school or 
other accredited school of like grade will be necessary for ad- 
mission to what is to be known as the Students' Army Training 
Corps. 

Provision is also made for the young men who have not grad- 
uated from high schools or similar institutions and who may 
wish to take advantage of a course in vocational training. Young 
men in that situation must make their application to their Local 



256 Messages to the Legislature 

Draft Boards and receive their recommendations to the schools 
that they wish to enter. It must be understood, however, that 
these opportunities are open only when a call is made upon the 
state for men of vocational training. 

The young men who take advantage of these special training 
courses will, upon entry, enlist in the army of the United States 
and will be subject to call into the regular service at the will of 
the government. They will receive their clothing, equipment and 
subsistence— in fact, they will in all respects be treated as are 
enlisted men in other military camps, with the additional privi- 
lege, however, that they will be given an opportunity to devote 
part of their time to their general education. 

The carrying out of this plan necessitates the building of bar- 
racks and other necessary quarters, and it is proposed that such 
temporary buildings be erected at the university and at such 
normal schools as will be able to qualify under the rules estab- 
lished by the government. No appropriations are available now 
for the construction of the necessary buildings and I have called 
you in extraordinary session to meet this requirement. 

The University has sufficient money in its appropriation funds 
to erect and rent the necessary buildings and to operate a Stu- 
dent Army Training Corps, but requires authority from the Legis- 
lature to use the money needed for the purpose stated. 

The indications are that all of our normal schools will also 
be able to qualify and to operate as units of the Student Army 
Training Corps. I am advised by the Board of Eegents of Nor- 
mal Schools that they require an appropriation of $140,000.00 
to erect the barracks and mess halls and secure the necessary 
equipment and that in addition they will require approximately 
$60,000.00 as a revolving fund to provide the subsistence until 
the collections can be made from the United States Government. 
It is the purpose of the United States Government to enter 
into contracts with the University and the Normal Schools under 
which a fee for tuition and a per diem rate for subsistence will 
be established, such fees and rates to be sufficiently large to com- 
pensate the state for the entire outlay of money for housing 
and subsistence and part of the outlay for instruction, to the 
end that after the service has been rendered the government will 
have repaid to the state treasury a very large part, if not all, of 
the entire expenditure. 



Session of 1918 257 

I regard the project as a worthy one both in the interest of 
our young men and in the interest of the army, and I therefore 
recommend that you authorize the appropriations as provided in 
a bill which has been prepared and will be submitted to you. 

In order that there be a central control over this work I rec- 
ommend that the appropriation be made to the State Board of 
Education and that the same be made available when a satisfac- 
tory rate for subsistence and the tuition fee has been agreed to 
by contract and the specifications for buildings are approved by 
the United States Government and the State Engineering Depart- 
ment and all the requirements have been met by the schools which 
make application for these funds. 

The law should further direct that each school which takes 
advantage of this arrangement with the government make a month- 
ly report to the State Board of Education of its receipts and 
expenditures, the fees and tuitions and the cost of subsistence, 
and the amount due from the government for the same. 

It is of first importance that this state shall again succeed in 
selling its quota of Liberty Bonds to our people. It is repre- 
sented that large sums of money are held by municipalities that 
may be used to purchase government securities. A bill has been 
prepared and will be presented to you which will authorize munici- 
palities to use funds for that purpose, and I urge you to pass 
the same promptly and make such funds immediately available 
for the purchase of Liberty Bonds and other government securi- 
ties that are offered for sale now. 

It is fitting that I should again express my high appreciation 
of the splendid cooperation that the people of our state are giv- 
ing in support of the war. We have thus far met every require- 
ment of the government in a liberal manner and this common- 
wealth has won the proud reputation of being one of the first 
states in the Union in its cooperation with the Federal Govern- 
ment in the support of the war. I sincerely hope that this fine 
spirit will live among us until our army and naval forces and 
the forces of our Allies have achieved the final victory. The 
government expenditures are necessarily large and the bond sales 
and the tax collections that will follow will cause us to reach 
down deep into our pockets. I hope, however, that every man 
will give all that he can. He who gives all he can afford, whether 
the amount be large or small, is rendering a real service to his 



258 Messages to the Legislature 

country. Let us remember always that it matters not what the 
war may cost, no price is too great for human liberty. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 



EEPOET ON CONTINGENT FUND 

To the Honorable, the Legislature: 

Pursuant to the requirements of law, I have the honor to re- 
port the following expenditures from the Governor's Contingent 
Fund, during the period beginning on the first day of January, 
1917, and ending at noon on the sixth day of January, 1919: 

RECEIPTS. 

Cash on hand January 2, 1917 $ 160.29 

March 5, 1917, cash from State Treasurer 1,500.00 

July 21, 1917, cash from State Treasurer 1,000.00 

January 5, 1918, refund on Notary Public Com- 
mission 4.08 

April 1, 1918, cash from State Treasurer 1,500.00 



$4,164.37 



DISBURSEMENTS. 

Mar. 6, 1917, Supt. Public Property, repairs~~$ 384.00 

Mar. 23, 1917, C. W. Croty, services 225.00 

Apr. 2, 1917, George B. Hudnall, legal serv- 
ices 350.00 

Apr. 17, 1917, Ivan Kantcheff, services 25.00 

Apr. 26, 1917, Ivan Kantcheff, services 100.14 

June 13, 1917, Extra stenographic services 50.00 

July 2, 1918, Supt. Public Property, repairs-- 296.88 
July 16, 1918, George B. Hudnall, legal serv- 
ices 408.35 

July 23, 1918, Spooner-McConnell Co 23.33 

Nov. 21, 1918, W. N. Fitzgerald, expenses 100.00 

Nov. 21, 1918, E. Davenport, Dean of Univ. of 
111., expenses in milk contro- 
versy 61.83 

Nov. 21, 1918, F. A. Pearson, expenses in milk 

controversy 20.67 

Nov. 21, 1918, H. L. Russell, Dean of Univ. of 
Wis., expenses in milk con- 
troversy 26.22 



Session of 1918 259 

Nov. 23, 1918, A. B. Beecroft, expenses of Gov. 

Upham to Vicksburg Reunion 48.70 

Nov. 26, 1918, Sidney Hirsch Co., Uniform for 

messenger 60.00 

Apr. 1, 1918, George B. Hudnall, legal serv- 
ices 125.72 

Oct. 8, 1918, George B. Hudnall, legal serv- 
ices 212.85 

Nov. 26, 1918, Effie L. Lord, stenographic serv- 
ices 15.00 

Dec. 31, 1918, E. L. Philipp, expenses govern- 
ors' conference 123.40 

Newspaper subscriptions 512.51 



$3,169.60 

Cash on hand $ 994.77 

Under Section 172 — 2 Executive Department re- 
ceives a contingent fund of $2,000.00 per an- 
num. There remains to the credit of this de- 
partment on books of Secretary of State 3,000.00 



Total balance in contingent fund $3,994.77 

Kespectfully submitted. 

EMANUEL L. PHILIPP, 

Governor. 
January 7, 1919. 



260 Messages to the Legislature 



1919 SESSION. 

Regular Session Began January 8, 1919 : 
Ended July 30, 1919. 

Special Session Began September 4, 1919 : 
Ended September 8, 1919. 



GOVERNOR'S MESSAGE. 

January 9, 1919. 
To the Senate and Assembly. 

The Legislature of 1917 was confronted with the problems of 
the war. How to raise men and money and at the same time 
carry on the industries and expand agriculture, in order to in- 
crease the food production, and the numerous other activities 
that needed to be carried on that Wisconsin might do her full 
share in the great world war, were problems that confronted us 
at that time. 1P[^ 

I am happy to be able to report that the people of this com- 
monwealth met every demand made upon them by the federal 
government completely, promptly and with enthusiasm. That this 
state has made a reputation for patriotic cooperation in support 
of our government and the soldierly qualities of the men that 
we furnished for the army and navy that is second to no state 
in the Union, is now generally admitted. In view of the cam- 
paign of vile slander that was carried on quite generally through- 
out the country against our state by an element of* politicians 
and a political press in their effort to make it appear to the 
balance of the country that a large number of our people were 
pro-German in their sentiments and therefore disloyal, it is a 
source of great satisfaction to me to review, even briefly as I 
must in this document, the splendid record which the state made 
during the period of the war. 

The patriotic sentiment of our people was reflected in the gen- 
erous response of our young men to the call of the President of 
the United States to join the colors. The Wisconsin National 
Guard was the first military unit organized. The authority for 
the enlistment of these men was found in the National Defense 
Act, which was passed by Congress in 1916. 



Session of 1919 261 

Under that act we had enlisted and fully equipped 
ready for entrainment when the order was re- 
ceived from the national government 16,000 

Number of volunteer recruits sent to join the National 

Guard at Camp MacArthur 2,000 

Enlistments in the United States Navy, Eegular Army 
and National Guard since in the United States 
service 10,000 

Number of men drafted under the Selective Service 

Act, approximately 90,000 

Making a total of 118,000 men who entered the service from 
the state of Wisconsin of whom we have a record. There may 
be added to this number those who enlisted prior to April 1, 
1917 ; also a large number of Wisconsin men who enlisted in Min- 
nesota, Michigan and Illinois. We cannot determine this num- 
ber definitely because we have so far been unable to secure the 
records from the government. We believe, however, that 10,000 
would be a conservative estimate, which would bring the total 
number of men in the service of the army and navy from this 
state to 128,000. 

I should not fail to state that a call for volunteers at all times 
met with a most generous response and the 90,000 men who 
were taken into the service under the Selective Draft Act re- 
sponded without protest. The records of the Draft Boards show 
but few cases where it was necessary to force a compliance with 
their orders. 

The splendid service rendered by Wisconsin men to whom was 
given the privilege to enter the field of operations is a matter 
of public knowledge and has been widely commented upon by 
the press of the country. The three companies that were taken 
from the National Guard and placed in the Eainbow Division, 
and the National Guard which is part of the 32nd Division took 
part in some of the hardest fought battles of 1918. Their praise 
comes to us from the American and French generals who com- 
manded them, and their work will constitute one of the brilliant 
pages of history of the great world war. I have full faith in 
the patriotic spirit of our young manhood and if it had been 
the privilege of the entire force of Wisconsin men to meet the 
enemy on the field of battle I am sure that they too would have 



262 Messages to the Legislature 

proven their soldierly qualities and would have given a splendid 
account of themselves. 

The activities that were carried on in the state in support of 
the army and in the aid of the requirements of the government 
were numerous and successful. Immediately after the passage 
of the Selective Draft Law I organized 105 Draft Boards, as 
the law directed; also five District Boards or Boards of Appeal. 
These boards administered the Selective Draft Act in a most 
successful manner and it should be a matter of pride to the 
people of Wisconsin to receive the statement from the Provost 
Marshal General of the United States, who has charge of the 
administration of the Selective Draft Act, giving the state one 
of the first places among the states in the Union in the success- 
ful administration of the law, and it has been stated by the 
same authority that Wisconsin had a smaller per cent of draft 
delinquents than any other state in the Union, which should 
dispose for all time any doubt which any person may have had 
in his mind about the loyalty of the people of this state. It is 
a result that speaks for itself. 

For this achievement we are indebted to the splendid work 
of the Draft Boards and the assistance that was given them by 
the lawyers and the doctors of this state, who, in the main, gave 
their time freely and without compensation and thereby made it 
possible for us to secure the prompt results that we did. 

The State Council of Defense, the Eed Cross organization and 
the various other kindred organizations all displayed great in- 
dustry and zeal for the support of the army and the welfare of 
the country. In the collection of money for war purposes and 
in the purchase of bonds and other government securities our 
people have met every expectation of the government — in fact 
they have given more than was asked of them. 

The Fuel and Food Administrators were nominally under the 
control of the Washington authorities. They were nevertheless 
directly connected with the state government and I feel it my 
duty to call your attention to the fact that both departments 
were successfully managed. 

I wish to remind you that during the winter of 1917-18, when 
the eastern states and some of the middle western states were 
sorely pressed for fuel, Wisconsin had a sufficient supply, for 



Session of 1919 263 

which we were indebted to a large extent to Fuel Administrator 
William N. Fitzgerald. 

The Food Administration, under the direction of Mr. Magnus 
Swenson, has at all times had the endorsement of National Food 
Director, Mr. Hoover. 

In all the duties that have been placed upon the state I have 
at all times had the full cooperation of all the state officers and 
employes. 

1 should make special mention of the patriotic work done by 
the splendid women of this state. 

I ask you to pass resolutions recognizing the services rendered 
by our Wisconsin soldiers and our civilian population, laying par- 
ticular stress upon the valor of our soldiers and the patriotism 
of our people, in order that the splendid work which has been 
accomplished will be made a permanent record and placed in 
the archives of this state for the information of future genera- 
tions. 

Eeconstruction" 

The question of what should be done for the returning soldier 
is being widely discussed by the press and public men of the 
country. For those who have been wounded or otherwise dis- 
abled the course to be pursued is quite clear. They will need 
to be retained in the hospitals and receive the attention of doc- 
tors and nurses until they have recovered, or at least as nearly 
so as medical skill can accomplish their recovery. So far as I 
know the government has not yet announced its policy with ref- 
erence to these men. 

I thought it would be helpful to Wisconsin men who are wounded 
if they might be returned to the state where they would be close 
to their relatives and friends, and with that thought in mind 
I sent a representative to the Surgeon General of the United 
States for the purpose of concluding some arrangements under 
which hospital facilities would be provided in Wisconsin either 
by the government or the state under satisfactory arrangement 
with the government. Up to this time, however, no progress 
has been made with that proposal. 

It has been suggested by the Secretary of the Interior that 
the able-bodied men who are now being discharged be given an 
opportunity to secure land and engage in farming. I agree with 
the Honorable Secretary that it would be very desirable from 



264 Messages to the Legislature 

the standpoint of the soldier and the state if such an opportunity 
were given to returning soldiers who desire it. 

It has been suggested that the state lands be opened to home- 
steads for this purpose. It will, however, be impossible to adopt 
this suggestion for the reason that practically all of the so-called 
state lands are merely held in trust for the benefit of the vari- 
ous school funds and must, therefore, be sold to the highest bid- 
der in the interest of the fund to which the land belongs. All 
this land that is good for agricultural purposes could be pur- 
chased, as no doubt could the cut over lands owned by private 
parties. The state will, however, be unable to do this for the 
reason that there is a constitutional prohibition against the con- 
tracting of debts by the state except for war purposes, to sup- 
press insurrection and repel invasion. 

I have suggested to the Secretary of the Interior that the 
lands be purchased by the United States Government and that 
in addition to the land there be advanced to each soldier who 
desires to engage in farming a sufficient sum of money to enable 
him to clear at least forty acres and erect the necessary build- 
ings and purchase the live stock that he requires, the govern- 
ment to own the land and other property and give the soldier 
a reasonable time to earn the money to pay his indebtedness to 
the government. Insomuch as the soldier has rendered a na- 
tional service the matter of giving him an opportunity to estab- 
lish himself is in fact a national obligation and should as a 
matter of right be assumed by the United States Government. 
Whether the plan which I have suggested or some other plan 
be adopted is a matter that Congress must decide. I, however, 
feel confident that in whatever is done, Wisconsin will be glad 
to do her part. 

With the signing of the armistice, the cessation of hostilities 
and the complete collapse of the governments of the Central 
Powers we have a right to assume that the war is over— at least 
there is no reason to expect any further hostilities between na- 
tions. Our troubles, however, are not over and if our country 
feels called upon to keep an army of occupation in Europe until 
new governments have been established and order restored in 
the conquered countries it will probably be a long time before 
the American army can return. No doubt the military units 
that are now on American soil and a part of our army in Europe 



Session of 1919 265 

will be demobilized as rapidly as the War Department can ac- 
complish it. 

This project has started a wide discussion of the problem of 
reconstruction— in other words, the task of bringing the coun- 
try from a war to a peace basis and the resumption of peaceful 
pursuits by our soldier and civilian population. In our own 
state I see no great problem before us now. The men who en- 
tered military service from the farms are badly needed at home 
and will find the occupation which they left, open to them; in 
fact, the agricultural sections are very short of labor and will 
be able to absorb even a far greater number than the soldiers 
that were taken from that occupation. In the industrial sections 
there has been and is now a great shortage of labor. 

No doubt many changes will be necessary when the soldiers 
who return take up their former employment. The men who 
entered the army were the flower of our young manhood. They 
may be counted among our most efficient producers and no doubt 
they will be welcomed back to the employment which they left. 
So-called nonessential industries will offer employment to many 
who were drawn into the war industries and in my judgment 
as matters stand today the only problem is to care for the women 
who took the places of men in the factories and other occupations 
during the period of the war. The state stands ready to seek 
new occupations for them and for all others who may need the 
state's aid through its labor agencies. The United States Gov- 
ernment is also active along the same lines and I feel confident 
that every job in Wisconsin will be found and that a suitable 
person who is seeking employment will be duly notified where 
employment can be found. 

In my judgment the most difficult problem of reconstruction 
is to bring all prices down to a normal basis. There is an abun- 
dance of work in sight for all for years to come. Public and 
private building has been delayed and railroads require the ex- 
penditure of vast sums of money in betterments and in the build- 
ing of new extensions. However, much of this necessary work 
will be delayed until it can be done for normal prices. In the 
end it will be better for all concerned if the reduction in the 
cost of production will be brought about by an understanding 
between capital and labor than to have it forced upon us by 
stagnation in business and enforced idleness. 



266 Messages to the Legislature 

The reduction in the cost of production must necessarily carry 
with it a corresponding reduction in the cost of living, and to 
meet this situation fairly, which I believe must be done, the 
employer's profit, the employe's wages, the cost of food, the cost 
of distribution and the distributor must each bear his fair share 
of the shrinkage. The important object to be accomplished is 
to bring about the necessary readjustment from a war to a peace 
basis without friction between labor and capital. Neither side 
should be permitted to take advantage of the other and all men 
should appreciate that the one thing to avoid at this time is busi- 
ness paralysis and enforced idleness. 

These problems should be met in the same patriotic spirit which 
prompted us to aid our government during the war. We were 
willing to make concessions to each other then and we should 
do so now. Speaking in general terms, the wages which the 
laboring man can receive will be controlled by what the product 
of his labor can be sold for on the market. When wage reduc- 
tions are undertaken it would be a source of much satisfaction 
to the laboring man and to the employes generally if they could 
be convinced that the rate of pay which is being offered is all 
that the employer can afford to pay, and that he is exacting mere- 
ly a reasonable profit for himself. 

I believe it would be helpful during the period of reconstruc- 
tion if labor could be given access to a state board which might 
determine, whenever it is asked to do so, whether the wage which 
is being paid as a reasonable compensation in view of the selling 
price of labor's product. I feel confident that a statement from 
state authority that the rate of pay offered is a fair compensa- 
tion based upon the value of the product produced would go far 
towards maintaining a satisfactory relation between capital and 
labor. 

I recommend that you pass an act creating a commission, to 
consist of manufacturers and laborers, which shall have the power 
to investigate any manufacturer or business that employs labor 
and determine whether the wages offered are a reasonable com- 
pensation for the services performed, and whether the rate paid 
is all that can reasonably be expected to be paid under existing 
business conditions and the price obtainable for the product manu- 
factured; also whether the wages offered are sufficient to guaran- 



Session of 1919 267 

tee a fair living under the conditions existing including the price 
of food. 

It is not my thought that this commission shall have the right 
to fix wages. Its functions should be to determine what is right 
and fair between employer and employe. I believe when that 
is established we may safely leave the final adjustments to them. 
The commission which I recommend should have the power to 
employ the necessary accountants, the commissioners themselves 
to receive only a reasonable per diem for services actually per- 
formed and the life of the commission may be limited to two 
years. 

"What to do with our railroads is one of the serious problems 
that confronts Congress at this time. In our own state we need 
a better passenger service, a more liberal freight service and 
lower rates, both passenger and freight. As I understand it, 
many lines are now being operated with a growing deficit under 
their government contracts. Under those conditions we cannot 
look for any substantial reduction in rates or improved and more 
costly service unless the government stands ready to make good 
further and larger deficits. 

The cost of transportation plays an important part in the 
problems of reconstruction. If business is going to be re-estab- 
lished on a paying basis that will enable the employer to pay big- 
wages it will be necessary to seek new markets in order to secure 
the volume of trade. The present system of high rates that are 
inflexible, except as they are still further advanced, do not prom- 
ise any substantial aid to the shipper in his efforts to widen his 
field; nor shall we be able to extend our commerce to foreign 
countries on the combination of rates now made for land and 
water transportation. 

I believe it to be a general demand among the people that we 
put transportation back to somewhere near the basis that it was 
before the roads were taken over by the government for war 
purposes. It will be helpful to our members of Congress if you 
will give an expression of sentiment on this important question 
and I recommend that you pass a resolution demanding lower 
rates of transportation, better service, both freight and passenger, 
and a return of the railroads of this country to their owners 
just as soon as it is possible to do so. 



268 Messages to the Legislatuke 

Military Training 

The beginning of the war found our country wholly unpre- 
pared. This statement applies not merely to equipment and 
munitions, but to our army as well. Our Eegular Army con- 
sisted of only 70.000 men, a mere police force. In addition to 
the Eegular Army we had about 200,000 National Guardsmen 
with more or less training. 

The war demonstrated to us that we cannot again permit our- 
selves to lapse into this unprepared condition and there is an 
unmistakable sentiment in this country in favor of some type 
of universal training. ] hope the country will not make the 
mistake of creating a great standing army. Whether that army 
may be created under the draft system or by volunteers, the fact 
remains that it is the beginning of a great military establish- 
ment which will mean militarism in America. It is no answer 
to say that a great standing army in the United States would 
not mean what a great standing army in any one of the Euro- 
pean countries means. In the last analysis it is a war machine 
that can be used for war and war only, and its influence here will 
be against peace, as it has been in every other country. A great 
war machine wants to put itself in use. It wishes to perform 
the only service that it can perform, and it is, therefore, always 
an influence against peace. 

The splendid record made by our National Guard, after a very 
brief training that it received in the federal service, demonstrated 
that it does not require four years or even two years training 
to make an efficient soldier. These men received their initial 
training in our own state; they met annually at Camp Douglas 
and received instructions for two weeks; the balance of the train- 
ing was given them at their homes in the company armories, 
usually in the evening when they were not otherwise employed. 
Much more could have been done for the National Guard by 
the government if it saw fit to do so, and the men could have 
been brought up to a much higher standard of efficiency by 
giving them more time and attention. 

If it is the purpose of the government to have an available 
army of one million men our quota would not exceed twenty- 
five thousand. With the proper encouragement from the govern- 
ment these men could be brought to a high standard of efficiency 
without leaving the state, and if that policy were adopted by 



Session of 1919 269 

the government we would avoid the risk of creating militarism 
in our own country; nor would we take a vast army of one mil- 
mion or more able-bodied men continuously out of production. 

On a former occasion I recommended that military training 
be introduced in our high schools. It could be given without 
interfering with the time the young boy must give to his studies, 
and aside from its value as a foundation for his future military 
trainings it is equivalent to a good physical training and it has 
the further value of teaching the young man discipline and obe- 
dience. My former suggestion was opposed by many educators 
and received no consideration at the hands of the Legislature. 
I call your attention to it again and recommend that you give 
the subject your serious thought. No doubt Congress will con- 
sider the matter of creating a national army and whatever action 
it takes must in the end control us. It is an important matter 
and an expression by you to our members of Congress would, 
I am sure; be of value to them, as they would regard it as a 
word from the people upon this important subject. 

Foreign Languages 

The question whether foreign languages, and particularly Ger- 
man, should be taught in the schools of the state is being agi- 
tated and some definite action should be taken by your body in 
regard to it. The question is not new— in fact, it furnishes an 
interesting bit of history which I will include in this message. 

The first school law, passed by the territorial legislature of 
1839, provided that the trustees of each district were to prescribe 
the course of study for the district school. The law of 1831 
declared that the town school commissioners might give advice 
and direction to the trustees and teachers as to the government 
of the schools and the studies to be pursued therein. As a mat- 
ter-of-fact the selection of subjects was left almost wholly to the 
teachers and the district boards, the town school commissioners 
rarely exercising the permissive power given them. Courses of 
study were rarely planned. When once the textbooks were de- 
cided upon they constituted the course of study. 

It was naturally assumed that only the English language would 
be taught in the district schools. But naturally also much lati- 
tude was permitted in the selection of subjects. It is probable 



270 Messages to the Legislature 

that in the districts where many of the residents were immi- 
grants from foreign countries a desire was manifested to have 
the language most familiar to these people taught in addition 
to the English language. At any rate there seemed to have been 
a demand for authority to teach an additional language in the 
public schools, as was evidenced by a law passed by the legislative 
assembly in 1848, as follows: 

Section 126. Whenever the majority of the inhabitants 
of a school district, at any regular meeting, shall express 
a preference to have other languages taught in connection 
with the English language, it shall be the privilege of the 
district board to employ a teacher qualified for that pur- 
pose, and such district shall have its regular share of pub- 
lic moneys. 
Evidence, however, has also been found indicating that immi- 
grants from foreign countries were not responsible for the law 
of 1848. In the decade beginning with 1840 many young col- 
lege men came to the territory from the eastern states, particu- 
larly the New England states and New York. Some of these 
men spent the first few years in the territory teaching school, 
and it is claimed that besides reading, writing, and arithmetic, 
the standard subjects during these years, these teachers included 
Latin in the course of study, and that it was probably this for- 
eign language that was contemplated by the law. 

Be that as it may, there is also no doubt that foreigners, par-* 
ticularly Germans, took advantage of the act of 1848 by intro- 
ducing their language as an additional study in districts in which 
they constituted the majority of the voters. 

The commissioners appointed by the legislature of 1848 to 
codify the laws of the territory introduced a section into the 
school code which for the first time named the subjects to be 
taught in the district schools. This section was as follows: 

Section 41. In every district school there shall be taught 
orthography, reading, writing, English grammar, geography, 
and arithmetic, during the time such school shall be kept, 
and such other branches of education as may be determined 
upon by the board. 
Section 126 of the laws of 1848 which authorized the teaching 
of other languages besides English was not included in the re- 
vised statutes by Michael Frank, the commissioner, to whom was 



Session of 1919 271 

delegated the task of codifying the school laws. This was done 
advisedly, for it was well known that Michael Frank, though of 
German descent, was opposed to the introduction of German or 
any other foreign language into the district schools. The sub- 
jects included in the course of study, as was taught, were the 
ones deemed essential to a good education. However, district 
boards were very lenient in construing section 41 of the revised 
statutes, and foreign language instruction was continued in many 
schools, and in some schools some of the required subjects were 
taught in a foreign language. 

But there was developing an increasing demand that the fun- 
damental subjects should be taught only in the English language. 
In 1852 the legislature amended section 41 by inserting the 
phrase, "in the English language," making the amended section 
read as follows: 

Section 4. In every district school there shall be taught 
in the English language orthography, reading, writing, Eng- 
lish grammar, geography, and arithmetic, during the time 
such school shall be kept, and such branches of education 
as may be determined upon by the district board. 
Many district boards claimed that while the law required that 
the subjects enumerated should be taught in the English lan- 
guage, the provision authorizing them to have such other branches 
taught as they might determine gave them the power to include 
the teaching of a foreign language. Not only was a foreign 
language taught in many districts in addition to the other sub- 
jects in the course of study, but in many instances teachers 
could not be found who were sufficiently conversant with the 
English language to teach a public school, and this scarcity of 
English teachers was often made the excuse for teaching all of 
the subjects in a foreign language. To meet this new condition 
the legislature of 1867 again amended the section relating to 
the course of study by adding the clause, "provided that no 
branch of study shall be taught in any other than the English 
language," making the amended section read as follows: 

Orthography, reading, writing, English grammar, geog- 
raphy, and arithmetic shall be taught in every district school, 
and such other branches as may be determined upon by the 
district boards: Provided, that no branch of study shall 
be taught in any other than the English language. 



272 Messages to the Legislature 

This section clearly contemplated a school in which all instruc- 
tion was to be given in the English language. It was held by 
the advocates of the amendment that the< great object of the pub- 
lic school is to educate children so as to make them good citi- 
zens and hence its instruction, discipline, and government must 
be of such a character as to prepare the people to discharge their 
duties as citizens of a country where the language of the courts, 
the legislature, and the people is the English language. 

To secure the requisite ability on the part of the teachers to 
carry out this provision of the law, a certification measure was 
passed providing "that no person shall receive a certificate of 
any grade who does not write and speak the English language 
with facility and correctness." It was conceded that teachers 
who spoke other languages than the English language might be 
employed, and that their knowledge of, say, German or Nor- 
wegian might be of use in teaching the children of these nation- 
alities, but that every teacher must be able to speak, write, and 
read English before he could be legally qualified to teach a pub- 
lic school. 

The law, however, provoked the adherents of the idea that 
foreign languages should be included in the course of study of 
district schools, and they waged a successful campaign to vin- 
dicate the position they had taken. They succeeded in 1869 in 
having the legislature pass the following law: 

Chapter 50 — General Laws op 1869 

Section 1. The district board of any school district, or 
the board of education of any incorporated village or city 
in this state, may provide for the instruction of the pupils 
of the common schools in their district, or such as may de- 
sire it, in any of the foreign languages, not to exceed one 
hour each day; provided, the teacher of such school is com- 
petent to give such instruction, or a proper instructor for 
such purpose can be obtained. 

Section 2. All acts or parts of acts, so far as they are 

inconsistent with this act, are hereby repealed. 

The above law was a concession to the foreign element in our 

population ivho desired to have their children read and' speak 

their native tongue. Under it German, Norwegian, Bohemian, 






Session of 1919 273 

Polish, or Italian was included in the curriculum in many city, 
village, and rural schools. In cities special teachers were gen- 
erally secured to teach the foreign language decided upon by the 
district board or the board of education, but in country districts 
the regular class teacher also taught the foreign language if one 
was offered. 

With the establishment of high schools, particularly after 1875, 
the teaching of foreign languages in the grades was gradually 
discontinued, and, as a rule, with little or no opposition. The 
elimination was usually effected upon the recommendation of 
the principal of the high school or the superintendent for peda- 
gogical reasons. One principal relates how in 1892 he determined 
to restrict the teaching of German. He appeared before his 
board and informed the members that the children were handi- 
capped in learning English by the fact that they also studied 
German, beginning with the first grade. Although the district 
was composed almost wholly of naturalized German citizens or 
their descendants, the board unanimously passed a resolution 
limiting the teaching of German to the seventh and eighth grades 
of the elementary school and the high school. The resolution went 
into effect without a dissenting voice from the people. 

In the high schools one or two foreign languages continued to 
be offered, and in a few of the largest high schools Greek, Latin, 
French and German were included in the curriculum. 

In 1889 an act concerning the education and employment of 
children was passed. This act amended the compulsory educa- 
tion law of 1879. Sections one and five of this act were as fol- 
] ows : 

Section 1. Every parent or other person having under 
his control a child between the ages of seven and fourteen 
years, shall annually cause such child to attend some public 
or private day school in the city, town or district, in which 
he resides, for a period not less than twelve weeks in each 
year. 

Section 5. No school shall be regarded as a school, under 
this act, unless there shall be taught therein, as part of the 
elementary education of children, reading, writing, arith- 
metic, and United States history, in the English language. 

This act made it mandatory to teach the subjects named there- 
in in the English language in all schools both public and private 



274 Messages to the Legislature 

for at least twelve weeks in the school year. Since there were 
laws on the statute books requiring not only the teaching of the 
above named subjects but several others for a much longer 
period than twelve weeks in the public schools, the primary 
purpose of the law was construed as an attempt to control, in 
a measure, the course of study of parochial and other private 
schools. 

The parochial school interests of the state objected most 
strenuously to the provision, and it became the controlling and 
determining issue in the political campaign of 1890. The re- 
publicans, who were held responsible for the introduction and 
passage of the act, lost the election, and the democratic legisla- 
ture of 1891 repealed the law. 

In 1907 the law authorizing the teaching of a foreign language 
in the public schools was again amended by adding the italicized 
words : 

The district board of any school district, or the board of 
education of any incorporated village or city in this state, 
may provide for the instruction of the pupils in the com- 
mon schools in their district, or such pupils as desire it, in 
any of the foreign languages, not to exceed one hour per 
day or the equivalent thereof. Such instruction shall be 
given during such period or periods of the school year as 
the district board of education may determine; provided 
that the usual instruction in the regular common branches 
shall at all times be offered and given in English to any 
pupil or pupils desiring such instruction. And provided 
further that every pupil shall devote at least one-half of the 
school day to the study of English branches. 

The purpose of this amendment was not clear. While the law 
as amended evidently contemplated that the children who did 
not take the foreign language study were to be given an oppor- 
tunity to continue their English studies with the regular teacher 
during the period devoted to the foreign language study, it also 
apparently gave the school boards power to devote a half day 
of each day to such instruction until the total amount of time 
that was authorized to be given to foreign language study per 
year was consumed. However, the difficulty of living up to the 
law without seriously interfering with the proper administration 



Session of 1919 275 

of the schools was appreciated by the legislature and after a few 
years' trial the amendment was repealed. 

However, foreign language study in the grades continued to 
lose ground. In the year 1914-15 foreign language study was 
pursued in the grades of only five cities — La Crosse, Milwaukee, 
Ripon, Eiver Falls and Sheboygan, and in 218 out of 6780, one 
and two room district schools. In La Crosse, Ripon and She- 
boygan, German was taught in the grades, and in Eiver Falls, 
Latin. In Milwaukee, German, Italian and Polish were taught 
in the grades. Of the 218 schools under county superintendents 
in which foreign languages were taught, 183 taught German, 
22 Scandinavian, 10 Polish, and 3 some other foreign language. 

During the late war German has been eliminated from prac- 
tically all the elementary schools, some of them substituting 
French in place of German. Nearly all of the high schools have 
dropped Greek and many of them have dropped German, sub- 
stituting French or Spanish for these languages. 

It is my opinion that we should consider . this subject purely 
from an educational point of view. I maintain that there is not 
sufficient time to teach pupils in the graded or common schools 
of the state foreign languages. 

In the interest of our children I believe that foreign languages 
should not be taught in the public, common or graded schools 
of the state. We should adjust the course of study in those schools 
to fit the greatest needs of those children who are obliged to 
leave at an early age to become breadwinners. We should give to 
them what they need most to meet the responsibilities of man- 
hood and womanhood. If we crowd foreign language teaching 
into their short school career they will get but little out of it 
and the time devoted to it must be taken from studies that I deem 
more essential to them. 

In our high schools and colleges we should, however, continue 
to teach foreign languages. We should do this for cultural and 
commercial reasons. We cannot afford to become a one language 
country. If we do we cannot claim to be a cultured people, nor 
shall we be equipped to carry on commerce with the balance of 
the world. 

In our private and parochial schools a sufficient coarse of Eng- 
lish should be carried. This should include reading, writing, 
American history, and civics. This is clearly in the interest 



276 Messages to the Legislature 

of the children, but nothing should be done that will in any way 
interfere with religious instructions or religious services. I take 
the position that he who prays to his Deity shall have the right to 
do so in the language of his own choice. And again, it must be 
understood that the right to carry on religious services in a foreign 
language shall not be used as a propaganda against our country 
and its institutions. 

I maintain that a language is the property of the people and 
not of the government. All that is good in its literature will 
live, and even though we may wish to bury it today, future gen- 
erations will resurrect it though the government under which 
it nourished be destroyed. 

Americanization 

. Owing to the fact that we have been engaged in war with a 
foreign power many people entertained grave appro!: ens ions 
about the attitude of some of our own citizens and residents 
toward our own country. This has given rise to a demand ior 
greater attention to Americanization of foreign born men and 
women who have come to our state. 

It is quite generally maintained that the first step towards 
Americanization is to teach the foreigner the English language. 
It is a debatable question whether the mere understanding of the 
language is a guaranty of good citizenship. I am, however, in 
full accord with the thought that we should make a strong but 
not an oppressive effort in that direction. 

Our state offers many facilities now for those who are willing 
to receive English instruction. We are spending large sums of 
money on night schools and continuation schools that are open 
to all who wish to attend. The University Extension stands ready 
to bring education in English, and in fact any other course, to 
every home. 

I recommend that you create such other facilities as are rea- 
sonable in their cost, and which you may deem necessary and 
advisable. I will ask you, however, in framing your law to take 
into account the facilities that are now in existence and that are 
being carried on at a large cost to the people of the state. 

Americanization has been carried on in this country since the 
foundation of the government and must continue as long as our 



Session of 1919 277 

ports are open to immigrants from other countries. It would be 
well were a uniform policy established by the general government 
that would create a uniform system throughout the country which 
would become generally known to the people of other countries 
who desire to immigrate to this country. I think all educators 
will admit that it is an easy task to teach our language to the 
children of immigrants that come to us. It is, however, quite 
different with men and women who have passed the age of thirty, 
and particularly those whose education is deficient. I think it 
would be only fair to that class of people that they know before 
they come here what is expected of them in this respect rather 
than to impose a hardship on them after they are here. 

Marketing 

A strong demand has grown up among our farmers for better 
market conditions. The last Legislature appointed a committee 
to study this question, and I hope that the report which will be 
made will offer a reasonable solution. 

Agriculture is the greatest resource of our state and I feel that 
anything that can be done for our farmers that will provide better 
market facilities and give better returns should be done. Whatever 
is attempted along this line should be a well thought out effort 
that gives the assurance of being successful. It will do no good 
to merely create a commission without some definite plan of how 
the market facilities are going to be improved. 

State Life Insurance 

I wish to call your attention to the conditions of the state life 
insurance fund, and in that connection I submit the following- 
report which I have received from the Commissioner of Insurance : 
"In 1911 section 1989m was enacted. This statute pro- 
vided for a "State Life Fund" to be managed by the state 
without obligation on the part of the state except to the ex- 
tent of the fund. Policies were issued in 1913 — at the end of 
that year 239 policies had been issued granting $147,500.00 
of insurance. 

"In 1914, 83 policies for $82,800.00 of insurance were 
issued and 3 policies for $3,000.00 insurance lapsed. In 1915, 



278 Messages to the Legislature 

71 policies for $70,500.00 insurance were issued, 2 policy- 
holders with $2,000.00 insurance died, 1 surrendered and 5 
lapsed. In 1916, 84 policies for $80,200.00 were issued, 1 
policy-holder died, 3 surrendered and 14 lapsed. In 1917, 
21 policies for $21,000.00 were issued, 1 surrendered and 1 
lapsed. In 1918, 11 policies were issued, 5 people with $5,- 
000.00 of insurance died, 3 people with $3,000.00 insurance 
surrendered and 9 people with $4,000.00 insurance lapsed. 

"There are in force 461 policies for $379,700.00 of insur- 
ance. 

"The Insurance Department has kept up a continuous cam- 
paign for business through circularizing available lists — state 
banks and local officials do not send in business." 

It will be observed that the fund is now carrying a total of 
$379,700.00 of insurance. The total assets of the fund on January 
1, 1919, were $55,676.08. The death losses for the year 1919 
exceeded the expected by about 40 per cent. With so small an 
amount of insurance in force sharp fluctuations in mortality ex- 
perience are likely to occur. A few years of unfavorable experience 
would deplete the surplus and impair the reserve. The state is 
liable only to the extent of the fund and if the reserve is impaired 
the policies are not worth one hundred cents on the dollar. 

The state should not continue a system of life insurance that 
does not guarantee the full value of the policy — in fact if this 
type of insurance is permitted to continue I would regard it as 
a moral obligation on the state to make good any loss that the 
policyholder might sustain for the reason that the policy was sold 
by the state and that in itself should be a guaranty against any 
loss by the policyholder and I am certain that it was accepted 
in that spirit. 

This fund is based upon the theory that desirable life insur- 
ance risks voluntarily seek insurances. That theory is unsound 
— they do not do so. If this enterprise is to prosper and grow, 
as it must to have a normal experience, it must have an organi- 
zation for soliciting business. If the expense of such an organi- 
zation is incurred the fund can offer no inducement not offered 
by privately managed life insurance companies and fraternal 
societies. 

The present policyholders can be fully protected and their 



Session of 1919 279 

policies guaranteed by reinsurance in a responsible company. Their 
present assets are sufficient for this purpose. 

I recommend that you repeal the statute under which this form 
of life insurance is being carried and direct the Insurance Com- 
missioner to reinsure the present policyholders in a reliable com- 
pany. 

"Blue Sky Law" 

The Legislature of 1913 passed what is commonly known as 
the "Blue Sky Law/- Its purpose was to protect the people of 
the state against false representations in respect to the value of 
stocks and bonds that are offered for sale to our people. 

In the administration of this law it is found that it is always 
difficult, and sometimes impossible, to determine the value of the 
property that that type of obligation frequently represents, partic- 
ularly when the corporations that issue the securities are domiciled 
in other states and the property is also located elsewhere. When- 
ever permits are given by the Railroad Commission to sell the 
securities in the state the public accepts that fact as an endorse- 
ment by the state which is interpreted to mean, and is frequently 
represented to mean, that the corporation has been investigated 
by the state and that the stock certificates or whatever form of 
security may be offered truly represents property values in the sum 
incorporated in the certificates. 

Briefly stated, the right to sell a security to our people, the value 
of which could not be determined, is frequently used as an endorse- 
ment by the state of a security that is either valueless or a fraud. 

I will give my approval to any statute that will protect our 
citizens against fraud in any form and we should give the people 
any legislation that we can devise that will accomplish this. We 
should, however, not aid fraud by ill-advised legislation. I know 
of no agency in this country that can give dependable information 
concerning all the corporations of the country, and it is my judg- 
ment that we had better confine our efforts in this direction to 
corporations domiciled in our own state and make the investigation 
more thorough than it has been in the past, and hereafter discon- 
tinue the practice of giving certificates authorizing the sale of stocks 
or other securities of corporations domiciled in other states. 



280 Messages to the Legislature 

Primary Election 

For two sessions I have advocated a revision of the Primary Law. 
I think it is fair to say that it is generally conceded that in its 
present form the law is a failure. No party organization can be 
maintained under it — in fact it has again been demonstrated within 
this state in the past year that the adherents of one party may 
make an effort to nominate the candidate for another party in 
the hope of giving their own ticket a better opportunity for suc- 
cess. 

Such methods are breeders of political dishonesty and demoralize 
the politics of the state and should not have the sanction of law. 
For my own part I regard the party convention the proper agency 
to fix its party principles and nominate its candidate, and the 
only valid objection that was urged against that system was the 
political caucus which nominated the delegates. In order to obviate 
that feature of the convention system which brought it into dis- 
repute I suggest that you so frame your statute that the delegates 
will be elected by the people at the regular spring election in the 
same manner as they cast their ballot for their township and 
municipal officers. The jurisdiction of the convention, should, 
however, be limited to state officers, United States Senators and 
members of Congress. 

State Finances 

On January 1, 1919, there was a balance of $1,236,363.27 in 
the state treasury available for the payment of the general ex- 
penses of the state government. The state has a claim against 
trie United States government for money expended for military 
equipment and other military expenditures which should be re- 
funded of approximately $1,000,000. 

I call your attention to the fact that the state has been carried 
through another biennium without any tax levy for general pur- 
poses. The Legislatures of 1915 and 1917 made merely a nominal 
levy in order to comply with the law. 

1919-1920 1920-1921 

The budget requests made by different 

departments of state amount to $20,889,296 $21,629,960 

Estimated receipts 19,035,315 20,019,810 

Excess requests over receipts $1,853,981 $1,610,150 



Session of 1919 281 

The budget requests have been carefully considered by the Cen- 
tral Board of Education and by the State Board of Public Affairs. 
The demands of every department of government have been in- 
quired into and it was found that the requests could be cut down 
and kept within the income of the state and in no wise interfere 
with the efficiency of the state government or the educational in- 
stitutions — in fact, the recommendations of the State Board of 
Public Affairs will leave a balance of approximately $500,000 over 
and above what it deems to be the necessary expenditures, and 
I request that you keep the appropriations within the limits of 
the state's income and that you will again make a nominal tax 
levy by legislative act not to exceed $1,000. 

It is probably needless for me to call your attention to the fact 
that owing to the enormous expenditures by the national govern- 
ment for the war the people are already heavily taxed. The indica- 
tions are that under the new federal income tax business is going 
to be taxed at an enormous rate and it must be borne in mind that 
in our own state business also pays an income tax. That business 
will have a struggle to re-adjust itself to the peace basis may rea- 
sonably be expected and in view of these facts the state should not 
come also with a large tax bill. 

The state institutions have no large building program to submit. 
The university and the normal schools have suffered a large falling 
off in attendance owing to the war and their facilities are adequate 
for the next two years. 

The appropriations for highway construction are sufficient — 
in fact, it is going to be a problem to use to good advantage the 
money that is already appropriated. In that connection I wish 
to state that it will again be largely a question of available labor, 
and I shall recommend to the Highway Commission that we do 
not take the labor that is necessary on the farms for the purpose 
of highway building or create unreasonable competition for the 
farmer in the matter of securing labor. 

It is being urged by some people that farmers have been pros- 
perous and for that reason large appropriations should be made 
for public improvements because of the high prices that they have 
received for their produce and that they are therefore able to pay 
large taxes. I cannot dismiss the thought that the vast sums col- 
lected by the government in the form of income tax will be reflected 
in the farmers' income and the expenses of the working man. 



282 Messages to the Legislature 

So far as my influence goes in the matter of expenditures, I 
shall continue to insist upon all reasonable economy and shall 
endeavor to keep state expenditures within our income, which I 
regard as a liberal sum with which to carry on our state govern- 
ment. 

At a special session of the Legislature there was introduced 
a new drainage bill. It was discussed and finally referred to this 
session for further consideration. I made an analysis of it in my 
message, which you will find among the public documents, and I 
will therefore not attempt to discuss it any further than to say 
that I regard it an important piece of legislation for the state and 
that it should be enacted without delay. 

The annual reports of the different departments of state which 
go into every phase of the state's activities will be placed before 
you, and I invite your attention to them. I desire to call your 
especial attention to the recommendations of the Tax Commission 
and the Conservation Commission. 

I shall at a future time address you upon the subject of the 
development of our cut over lands and other matters which I 
cannot well submit at this time. 

In conclusion I wish to recommend to you that you devise some 
practical system of procedure that will shorten your session. There 
is a general public demand that you do this. Furthermore, I 
would regard it as a genuine accommodation to the members if 
they be permitted to close their business within a reasonable time. 



To the Honorable, the Legislature: 

I have the honor to submit the following report of conditional 
pardons, pardons and commutations of sentence granted during 
the term beginning the first Monday in January, 1917, and ending 
on the first Monday in January, 1919, together with the reasons 
which controlled executive action, as required by section 6, article 
V, of the constitution of the state of Wisconsin. 

Pardons to Eestore Eights of Citizenship After Expiration 

of Sentence 

Avery E. Clow — Convicted before the circuit court for Lincoln 
county, on the twentieth day of November, 1913, of the crime of 
burglary and sentenced to the state prison at Waupun for the term 



Session of 1919 283 

of two and one-half years. Pardon granted restoring rights of 
citizenship February 6, 1917. 

Louis M. Chary — Convicted before the circuit court for Jack- 
son special for Juneau county, on the eighteenth day of Octo- 
ber, 1913, of the crime of abandonment and sentenced to the 
state prison at Waupun for the term of one year. Pardon granted 
restoring rights of citizenship February 15, 1917. 

Thomas J. Ryan — Convicted before the municipal court for 
Kenosha county on the sixth day of October, 1913, of the crime 
of non-support and sentenced to the state prison at Waupun for 
the term of two years. Pardon granted restoring rights of citizen- 
ship March 13, 1917. 

George Sutherland — Convicted before the circuit court for 
Marinette county, on the twenty-third day of April, 1914, of the 
crime* of larceny and sentenced to the state prison at Waupun for 
the term of one year. Pardon granted restoring rights of citizen- 
ship March 13, 1917. 

Herbert M. Halverson — Convicted before the municipal court 
for Milwaukee county, on the eighth day of May, 1911, of the crime 
of burglary and sentenced to the state reformatory at Green Bay 
for the term of one year. Pardon granted restoring rights to 
citizenship March 16, 1917. 

Harry Tim me — Convicted before the municipal court for Ke- 
nosha county, on the twenty-fourth day of June, 1914, of the crime 
of being an habitual criminal and sentenced to the state prison at 
Waupun for the term of one year. Pardon granted restoring rights 
of citizenship- March 27, 1917. 

Barney Keating — Convicted before the municipal court for Ke- 
nosha county, on the eighth day of August, 1914, of the crime of 
being an habitual criminal and sentenced to the state prison at 
Waupun for the term of one year. Pardon granted restoring rights 
of citizenship March 27, 1917. 

Joseph E. Schmidt — Convicted before the municipal court for 
Kenosha county, on the fifth day of February, 1915, of the crime 
of operating automobile without owner's consent and sentenced 
to the state prison at Waupun for the term of one year. Pardon 
granted restoring rights of citizenship March 27, 1917. 

Henry Silv email — Convicted before the circuit court for Dodge 
county, on the sixteenth day of April, 1886, of the crime of high- 
way robbery and sentenced to the state prison at Waupun for the 



284 Messages to the Legislature 

term of four years. Pardon granted restoring rights of citizenship 
March 28, 1917. 

Ernest Kosag — Convicted before the municipal court for Dane 
county, on the third day of September, 1913, of the crime of wife 
abandonment and sentenced to the state reformatory at Green Bay 
for the term of two years. Pardon granted restoring rights of 
citizenship April 3, 1917. 

Aubrey J. Bulilman — Convicted before the municipal court for 
Milwaukee county, on the twenty-ninth day of January, 1907, of 
the crime of forgery and sentenced to the state reformatory at 
Green Bay for the term of one and one-half to two years. Pardon 
granted restoring rights of citizenship April 13, 1917. 

Alexander Garsky — Convicted before the circuit court for Wood 
county, on the thirteenth day of January, 1903, of the crime of 
larceny and sentenced to the state prison at Waupun for the term 
of three years and nine months. Pardon granted restoring rights 
to citizenship July 31, 1917. 

Wilfred Boiven — Convicted before the county court for Pierce 
county, on the twenty-second day of April, 1913, of the crime of 
seduction and sentenced to the state reformatory at Green Bay for 
the term of one year. Pardon granted restoring rights of citizen- 
ship August 14, 1917. 

Adelbert Latamore — Convicted before the circuit court for Eich- 
land county, on the seventeenth day of August, 1914, of the crime 
of fornication and sentenced to the state prison at Waupun for the 
term of two years. Pardon granted restoring rights of citizenship 
May 31, 1917. 

Lyle Eugene Mo ore— Convicted before the circuit court for 
Waupaca county, on the first day of June, 1914, of the crime 
of burglary and sentenced to the state prison at Waupun for 
the term of three years. Pardon granted restoring rights of citi- 
zenship June 11, 1917. 

Gus Miller— Convicted before the municipal court for Milwau- 
kee county on the twentieth day of May, 1914, of the crime of 
leasing premises for unlawful purposes and sentenced to the Mil- 
waukee county house of correction for the term of ninety days 
in default of payment of fine of two hundred dollars and costs. 
Pardon granted restoring rights of citizenship July 11, 1917. 

George Qurgeit— Convicted before the municipal court for Mil- 
waukee countv, on the sixth day of March, 1913, of the crime 



Session of 1919 285 

of keeping house of ill-fame and sentenced to pay a fine of two 
hundred dollars, or in default to serve a term of six months 
in the Milwaukee county house of correction. The fine was paid. 
Pardon granted restoring rights of citizenship July 12, 1917. 

Austin Fossnight— Convicted before the circuit court for La- 
fayette county, on the twenty-eighth day of August, 1915, of the 
crime of larceny and sentenced to the state prison at Waupun 
for the term of one year. Pardon granted restoring rights of 
citizenship July 23, 1917. 

Mathias Trokan also written Drokan — Convicted before the 
municipal court for Milwaukee County, on the thirty-first day 
of August, 1908, of the crime of attempted rape and sentenced 
to the state reformatory at Green Bay for the term of five years. 
Pardon granted restoring rights of citizenship July 23, 1917. 

Rasmus Johnson — Convicted before the circuit court for Ver- 
non county on the seventh day of March, 1894, of the crime 
of burglary and sentenced to the state prison at Waupun for 
the term of one year and two months. Pardon granted restor- 
ing rights of citizenship September 24, 1917. 

A. W. Huebing — Convicted before the circuit court for Sauk 
county, on the twenty- seventh day of February, 1914, of the 
crime of embezzlement and sentenced to the state prison at Wau- 
pun for the term of four years. Commutation of sentence to 
a term of three years was granted Huebing on August 12, 1915. 
Pardon granted restoring rights of citizenship September 25, 1917. 

Emanuel C. Stevens — Convicted before the municipal court for 
Eacine county, on the fourteenth day of December, 1910, of the 
crime of adultery and sentenced to the state reformatory at Green 
Bay for the term of one year. Pardon granted restoring rights 
of citizenship November 5, 1917. 

Oscar Johnson — Convicted before the circuit court for Mari- 
nette county, on the tenth day of October, 1912, of the crime 
of bribery and sentenced to pay a fine of five hundred dollars 
and in default of the payment to imprisonment in the state prison 
at Waupun for the term of two years. The fine was paid. Par- 
don granted restoring rights of citizenship January 4, 1918. 

Herman Krause — Convicted before the circuit court for Mara- 
thon county, on the third day of June, 1911, of the crime of 
larceny and sentenced to the state prison at Waupun for the term 



286 Messages to the Legislature 

of nine months. Pardon granted restoring rights of citizenship 
January 5, 1918. 

George Eckerle — Convicted before the municipal court for Mara- 
thon county, on the ninth day of October, 1913, of the crime 
of arson and sentenced to the state prison at Waupun for the 
term of four years. Pardon granted restoring rights of citizen- 
ship February 2, 1918. 

Note. Granted commutation of sentence to two years on De- 
cember 18, 1914. 

Frank Weber — Convicted before the municipal court for Mil- 
waukee county, on the twelfth day of November, 1913, of the 
crime of burglary and sentenced to the state prison at Waupun 
for the term of two years. Pardon granted restoring rights of 
citizenship February 20, 1918. 

Hugo Kelling— Convicted before the municipal court for Mil- 
waukee county, on the sixteenth day of September, 1913, of the 
crime of attempted robbery and sentenced to the Milwaukee county 
house of correction for the term of three years. Pardon granted 
restoring rights of citizenship February 21, 1918. 

Joseph Keehn — Convicted before the municipal court for Mil- 
waukee county, on the twenty-second day of March, 1915, of the 
crime of perjury and sentenced to the Milwaukee county house 
of correction for the term of two years. Pardon granted restor- 
ing rights of citizenship February 22, 1918. 

Herman Eckhardt-— Convicted before the municipal court for 
Milwaukee county, on the fifteenth day of June, 1915, of the 
crime of forgery and sentenced to the state prison at Waupun 
for the term of one year. Pardon granted restoring rights of 
citizenship March 7, 1918. 

August Kumm — Convicted before the circuit court for Co- 
lumbia county, on the tenth day of April, 1916, of the crime 
of sodomy and sentenced to the state prison at Waupun for the 
term of one year. Pardon granted restoring rights of citizen- 
ship March 12, 1918. 

Charles E. Anderson — Convicted before the municipal court 
for Douglas county, on the twenty-third day of December, 1915, 
of the crime of grand larceny and sentenced to the state prison 
at Waupun for the term of one year. Pardon granted restoring 
rights of citizenship March 20, 1918. 

Ernst Butzke— Convicted before the municipal court for Mil- 



Session op 1919 287 

waukee county, on the twenty-eighth day of May, 1915, of the 
crime of embezzlement and sentenced to the state prison at Wau- 
pun for the term of two years. Commutation of sentence to a 
term of eighteen months was granted April 7, 1916. Pardon 
granted restoring rights of citizenship March 19, 1918. 

Henry Pearsall— Convicted before the circuit court for Kusk 
county, on the twenty-third day of October, 1911, of the crime 
of incest and sentenced to the state prison at Waupun for the 
term of eight years. Pardon granted restoring rights of citizen- 
ship March 28, 1918. 

Ferdinand Schultz — Convicted before the circuit court for Wood 
county, on the twelfth day of May, 1908, of the crime of rape 
and sentenced to the state prison at Waupun for the term of 
twenty years. Commutation of sentence to a term of nine years 
granted on December 24, 1913. Pardon granted restoring rights 
of citizenship March 28, 1918. 

Wate T. Adamson — Convicted before the municipal court for 
Milwaukee county, on the eighth day of May, 1915, of the crime 
of embezzlement and sentenced to the state prison at Waupun 
for the term of one and one-half years. Pardon granted restor- 
ing rights of citizenship May 28, 1918. 

George Meesmann — Convicted before the municipal court for 
Manitowoc county, on the twenty-eighth day of October, 1913, 
of the crime of embezzlement and sentenced to the state prison 
at Waupun for the term of two years. Pardon granted restor- 
ing rights of citizenship July 1, 1918. 

Charles Lemare — Convicted before the municipal court for 
Brown county, on the third day of June, 1916, of the crime of 
assault with intent to do great bodily harm and sentenced to 
the state prison at Waupun for the term of one year. Pardon 
granted restoring rights of citizenship July 6, 1918. 

Frank Chinnock— Convicted before the circuit court for Pierce 
county, on the thirteenth day of December, 1916, of the crime 
of larceny and sentenced to the state prison at Waupun for the 
term of nine months. Commutation of sentence to six months 
granted April 18, 1917. Pardon granted restoring rights of citi- 
zenship July 18, 1918. 

Luther B. Van De Wall— Convicted before the municipal court 
for Milwaukee county, on the twenty-third day of October, 1914, 
of the crime of forgery and sentenced to the state prison at 



288 Messages to the Legislature 

Waupun for the term of three years. Commutation of sentence 
to two years granted December 10, 1915. Pardon granted re- 
storing rights of citizenship July 18, 1918. 

Frank Hoffmann — Convicted before the county court for Wau- 
shara county, on the twentieth day of September, 1881, of the 
crime of burglary and sentenced to the state prison at Waupun 
for the term of one year. Pardon granted restoring rights of 
citizenship August 5, 1918. 

Also convicted before the circuit court for Fond du Lac coun- 
ty, on the seventh day of July, 1883, of the crime of larceny 
and sentenced to the state prison at Waupun for the term of 
three years. Pardon granted restoring rights of citizenship Aug- 
ust 5, 1918. 

Anton Gilbo— Convicted before the circuit court for Marinette 
county, on the eighth day of March, 1913, of the crime of adul- 
tery and sentenced to the state prison at Waupun for the term 
of two years. Pardon granted restoring rights of citizenship 
August 10, 1918. 

August Trudeau — Convicted before the circuit court for Oneida 
county, on the tenth day of March, 1913, of the crime of adultery 
and sentenced to the state prison at Waupun for the term of three 
years. Pardon granted restoring rights of citizenship August 12, 
1918. 

Anthony J. Houtte— Convicted before the circuit court for Ash- 
land county, on the fourteenth day of December, 1916, of the 
crime of concealing stolen goods and sentenced to the state prison 
at Waupun for the term of nine months. Pardon granted restor- 
ing rights of citizenship August 13, 1918. 

Hugo F. Bartlett—Coirvicted. before the municipal court for 
Milwaukee county, on the fourth day of January, 1913, of the 
crime of assault with intent to kill or do great bodily harm and 
sentenced to the state prison at Waupun for the term of two 
years. Pardon granted restoring rights of citizenship August 
29, 1918. 

James Hoffman — Convicted before the municipal court for Eock 
county, on the fourth day of February, 1915, of the crime of 
forgery and sentenced to the state prison at Waupun for the 
term of three years. Pardon granted restoring rights of citi- 
zenship September 5, 1918. 

August Krueger— Convicted before the circuit court for Por- 



Session of 1919 289 

tage county, on the seventeenth day of October, 1912, of the 
crime of murder in the first degree and sentenced to the state 
prison at Waupun for the term of life. Commutation of sen- 
tence to a term of seven years was granted on December 18, 
1914. Pardon granted restoring rights of citizenship September 
5, 1918. 

Peter Grilles— Convicted before the circuit court for Kenosha 
county, on the fourteenth day of March, 1892, of the crime of 
burglary and sentenced to the state prison at Waupun for the 
term of one year. Pardon granted restoring rights of citizenship 
September 12, 1918. 

Albert A. Sch ue tte— Convicted before the municipal court for 
Milwaukee county, on the ninth day of August, 1915, of the 
crime of embezzlement and sentenced to the state prison at Wau- 
pun for the term of two years. Pardon granted restoring rights 
of citizenship October 1, 1918. 

Stanley Bana ch— Convicted before the circuit court for Mari- 
nette county, on the seventh day of October, 1913, of the crime 
of adultery and sentenced to the state prison at Waupun for 
the term of one year. Pardon granted restoring rights of citi- 
zenship October 15, 1918. 

John OmnichinsJci — Convicted before the municipal court for 
Winnebago county, on the fifth day of May, 1914, of the crime 
of assault with intent to kill and sentenced to the state prison 
at Waupun for the term of four years. Pardon granted restor- 
ing rights of citizenship November 20, 1918. 

Adam Lewicky — Convicted before the municipal court for Mil- 
waukee county, on the twenty-fourth day of September, 1914, 
of the crime of larceny and sentenced to the state prison at Wau- 
pun for the term of three years. Pardon granted restoring rights 
of citizenship December 12, 1918. 

Absolute Pardon From the State Prison at Wad pun 

H. A. Perry — Convicted before the circuit court for Forest 
county, on the fourteenth day of April, 1915, of the crime of 
assault with intent to do great bodily harm and sentenced to the 
Wisconsin state prison at Waupun for the term of two years. 
Pardon was granted ten days before the expiration of the term 
for the purpose of restoring his civil rights. Pardon was granted 
January 4, 1917. 



200 Messages to the Legislative 

Julia Rueckert — Convicted before the circuit court for Fond 
du Lac county, on the tenth day of November, 1916, of the crime 
of extortion and sentenced to the Wisconsin state prison at Wau- 
pun for the term of one year. It was represented that she had 
been sufficiently punished and it was considered best for her six 
children that she be allowed to return to them. Pardon recom- 
mended by Warden Henry Town. Pardon granted January 17, 
1917. 

Marvin M. Fenner — Convicted before the circuit court for Wood 
county, on the tenth day of May, 1883, of the crime of murder 
in the first degree and sentenced to the Wisconsin state prison 
at Waupun for the term of his natural life. The records show 
that this man has been out on parole since May 30, 1910, and 
has made good in every way, demonstrating that he is a good, 
honest and law-abiding citizen. Warden Town recommended a 
pardon and under all the circumstances it was considered best 
to grant a pardon as he has been under the jurisdiction of the 
state for a sufficient length of time. Pardon granted January 
18, 1917. 

Frank Jackoivski— Convicted before the municipal court for Mil- 
waukee county, on the sixteenth day of January, 1916, of the 
crime of burglary and sentenced to the Wisconsin state prison 
at Waupun for the term of eight years. Jackowski was suffer- 
ing from pulmonary tuberculosis and it was represented that he 
could not live but a short time. The pardon was granted so 
that he could be released and not die in prison. Pardon granted 
September 10, 1917. 

Louis Carlone — Convicted before the circuit court for Bayfield 
county, on the fourteenth day of May, 1910, of the crime of 
murder in the second degree and sentenced to the Wisconsin 
state prison at Waupun for the term of fifteen years. At the 
time the pardon was granted Carlone was not expected to live 
but a short time as he was suffering from tuberculosis. As a 
matter of fact he died before the pardon reached him. Pardon 
granted March 8, 1917. 

Mike Oseck— Convicted before the circuit court for Manitowoc 
county, on the tenth day of June, 1916, of the crime of assault 
with intent to commit rape and sentenced to the Wisconsin state 
prison at Waupun for the term of two years. This man was 
very low with tuberculosis and the prison physician advised that 



Session of 1919 291 

he could not live over a week. The pardon was granted to give 
him an opportunity to return to his home to die. The pardon 
was received at Waupun on the morning of June 18th and he 
died on the afternoon of that day before he could be taken from 
the prison. Pardon granted June 15, 1917. 

Gusta Webb — Convicted before the circuit court for Lincoln 
county, on the seventh day of October, 1915, of the crime of 
attempt to murder and sentenced to the Wisconsin state prison 
at Waupun for the term of eight years. Pardon recommended 
by the Board of Control for the reason that Mrs. Webb was suf- 
fering from pulmonary tuberculosis and chronic gastritis. Her 
condition was such that she was a menace to the other inmates 
of the female prison. It was represented that she could live but 
a short time. Absolute pardon granted on July 2, 1917. 

Carmello Musso — Convicted before the municipal court for Mil- 
waukee county, on the eleventh day of May, 1915, of the crime 
of murder in the first degree and sentenced to the Wisconsin 
state prison at Waupun for the term of her natural life. It was 
represented by the prison physician at Waupun that she was in 
an advanced stage of tuberculosis and could live but a short time 
and that her presence at Waupun endangered the health of other 
inmates. Absolute pardon granted on July 26, 1917. 

Joseph Perruccio — Convicted before the circuit court for Eock 
county, on the third day of November, 1913, of the crime of 
assault regardless of life and sentenced to the Wisconsin state prison 
at Waupun for the term of five years. This pardon acted merely 
as a restoration to citizenship, as his term would have expired 
on August 3, 1917. Absolute pardon granted July 30, 1917. 

F. W. #woofc— Convicted before the municipal court for Mil- 
waukee county, on the seventeenth day of September, 1915, of 
the crime of embezzlement and sentenced to the Wisconsin state 
prison at Waupun for the term of two and one-half years. It 
was claimed that Snook really had no intention of committing 
a crime. Money was given to him with which to purchase stock. 
This he claims he sent to New York to a brokerage house with 
instructions to buy a certain amount of steel stock on margin. 
He evidently owed the house money and they applied the sum 
received to that account. He gave his note to the party from 
whom he obtained the money and it was accepted. He fully in- 



292 Messages to the Legislature 

tends to right the wrong that has been unintentionally done. 
Pardon granted August 21, 1917. 

William B. McLelland— Convicted before the municipal court 
for Dane county on the twenty-first day of January, 1916, of 
the crime of adultery and sentenced to the Wisconsin state prison 
at Waupun for the term of two years. His term would have 
expired on October 21, 1917. He was on parole and had faith- 
fully kept the conditions of his parole. This pardon operated 
merely to restore his civil rights. Pardon granted October 19, 
1917. 

Charles Lush— Convicted before the municipal court for Dane 
county on the twenty-ninth day of December, 1916, of the crime 
of drunkenness and sentenced to the Wisconsin state prison at 
Waupun for the term of one year. Term would have expired 
in about ten days and the pardon operated merely to restore 
civil rights. Pardon granted November 2, 1917. 

Phillip 0. Belknap — Convicted before the municipal court for 
Racine county on the ninth day of August, 1917, of the crime 
of larceny and sentenced to the Wisconsin state prison at Wau- 
pun for the term of one year. His term would have expired on 
July 5, 1918, and the pardon operated merely to restore citizen- 
ship. Pardon granted June 25, 1918. 

George M. Reeves, alias George Ryan — Convicted before the 
circuit court for Eau Claire county on the eighteenth day of Sep- 
tember, 1916, of the crime of attempted larceny and sentenced 
to the Wisconsin state prison at Waupun for the term of three 
years. This party was out on parole and was working in a muni- 
tion factory in Minneapolis, Minnesota. The plant is run by 
the government. To retain his position it was necessary that 
his civil rights be restored. He is suffering from a cancer in the 
jaw and his mother from a cancer of the breast. Because of 
his physical condition it was hard for him to get employment 
and the pardon was granted in order that he might retain his 
position. Pardon granted July 29, 1918. 

W. C. Weldon — Convicted before the circuit court for Busk 
county on the second day of November, 1915, of the crime of 
enticing a female for immoral purposes and sentenced to the 
Wisconsin state prison for the term of one year. The judge, fore- 
man of the jury and citizens recommended that he be released 
in view of the fact that he is married and has a family, and 



Session of 1919 293 

that he has in . fact suffered considerable punishment. Pardon 
granted December 28, 1918. 

Absolute Pardons From the State Keformatory at Green- 
Bay 

H. J. Morris— Convicted before the circuit court for Fond du 
Lac county on the twenty-third day of December, 1915, of the 
crime of larceny under section 4415 of the statutes and sentenced 
to the Wisconsin state reformatory at Green Bay for the term 
of three years. Sentence was suspended by judge after impos- 
ing same. His family connections, previous course of life and 
conduct since he has been on parole are all such that ends of 
justice would be fully met by discharging him at this time. Par- 
don recommended by judge and highly recommended by the man 
to whom he was paroled. He was anxious to enter the army. 
Pardon granted November 22, 1917. 

James Truscott — Convicted before the circuit court for Winne- 
bago county on the twenty-third day of January, 1915, of the 
crime of arson and sentenced to the Wisconsin state reformatory 
at Green Bay for the term of two years. This party was on 
parole from the reformatory, violated the same and later joined 
the Canadian Army and was sent abroad. He was wounded and 
was returned to Canada to recuperate. He was to be sent abroad 
again and the pardon was granted him to enable him to come 
into Wisconsin without the danger of his being arrested and sent 
back to serve out his sentence. He desired to come to this state 
to visit his mother. Pardon granted March 22, 1918. 

Clarence Grognet — Convicted before the municipal court for 
Manitowoc county on the third day of July, 1917, of the crime 
of larceny and sentenced to the Wisconsin state reformatory at 
Green Bay for the term of from one to ten years. The sentence 
was suspended and Grognet placed on probation in the custody 
and control of the state board of control. Inasmuch as he had 
never been in prison pardon was granted in order that he might 
enter military service where he would be under strict discipline. 
Pardon granted September 18, 1918. 

Absolute Pardons From Milwaukee County House of 
Correction 

Ernest Leiness — Convicted before the municipal court for Mil- 
waukee county on the sixteenth day of April, 1912, of the crime 



294 Messages to the Legislature 

of obtaining money under false pretenses and sentenced to the 
Milwauke county house of correction for the term of one year 
and three months. Full term had been served and this pardon 
operated to restore citizenship. Pardon granted March 14, 1917. 

Cleo Spencer— Convicted before the municipal court for Mil- 
waukee county on the twenty-seventh day of January, 1917, of 
the crime of keeping a house of ill-fame and sentenced to the 
Milwauke county house of correction for the term of one year. 
It appeared from a letter from the district attorney that this 
woman was convicted of an offense of which she was not guilty. 
According to this letter this woman was an inmate and not the 
keeper of the house. The maximum sentence for being an in- 
mate of such a house is ninety days and she having already served 
considerable more than that a pardon was granted. Pardon 
granted July 11, 1917. 

Helen Gordon — Convicted before the municipal court for Mil- 
waukee county on the eleventh day of January, 1917, of the 
crime of larceny and sentenced to the Milwaukee county house 
of correction for the term of one year. When the sentence was 
pronounced the judge said he would recommend a pardon when 
one-half the term was up. Her father wished to take her out- 
side of the state. Pardon granted July 11, 1917. 

Andrew Redzinshi — Convicted before the municipal court for 
Milwauke county on the fourth day of January, 1917, of the 
crime of attempted larceny and sentenced to the Milwaukee county 
house of correction for the term of one year. Had been suf- 
ficiently punished. Has a family of six children and there was 
no one to help support them except his wife, who was taking 
care of the family by the earnings of her labor as a washerwoman. 
Pardon granted July 24, 1917. 

Charles E. Carpenter — Convicted before the circuit court for 
Milwaukee county on the fifteenth day of May, 1917, of the crime 
of making false statements and sentenced to the Milwaukee county 
house of correction for the term of two years and six months. 
This matter was heard in December, 1917, and at that time it 
was agreed that a pardon would be granted when he was eligible 
to parole as this party would comply with all parole rules and 
cause the state no further trouble. Pardon granted July 1, 1918. 

Charles Friche — Convicted before the municipal court for Mil- 
waukee county on the fifth day of October, 1917, of the crime 



Session of 1919 295 

of keeping disorderly house and sentenced to pay a fine of two 
hundred dollars and costs and imprisonment in the Milwaukee 
county house of correction for the term of six months. This 
party pled guilty under advice of his attorney with the under- 
standing that he would merely pay a fine. There is no evidence 
that he ever kept a disorderly house. Pardon granted December 

20, 1917. 

Charles Green— Convicted before the municipal court for Mil- 
waukee county on the nineteenth day of April, 1918, of the crime 
of burglary and "sentenced to the Milwaukee county house of cor- 
rection for the term of three years. The other party to this crime, 
although guilty, was placed on probation. As soon as released 
Green was to enlist and depart for France with a contingent of 
railroad men. The country was in need of expert railroad men 
and it was recommended by the judge and district attorney that 
he be pardoned. Prior to his conviction he maintained his mother 
and an allotment was to be made to her from the amount re- 
ceived from the federal government. Absolute pardon granted 
August 3, 1918. 

Florian Grabow — Convicted before the municipal court for Mil- 
waukee county on the second day of May, 1905, of the crime of 
taking indecent liberties with a female under the age of four- 
teen and sentenced to the Milwaukee county house of correction 
for the term of two years. This man has already served his term. 
He is not a citizen and has made application for naturalization 
papers. It is necessary that a pardon be granted him before 
these papers can be issued. Absolute pardon granted December 
4, 1918. 

Absolute Pardons From the Industrial School For Boys 

William Frisc h— Convicted before the juvenile court for Dane 
county on the twenty-fourth day of February, 1917, of the crime 
of incorrigibility and delinquency and sentenced to the Wiscon- 
sin industrial school for boys for the full period of his minority. 
Father of this boy died since his commitment. The mother lives 
on a farm and this is her oldest son. Pardon granted that he 
might help her with the work. Absolute pardon granted June 

21, 1917. 



296 ^Messages to the Legislature 

Absolute Pardons From County Jails 

Warren Scott — Convicted before the municipal court for Eau 
Claire county on the nineteenth day of October, 1916, of the 
crime of publicly exposing his person in an obscene manner and 
sentenced to the county jail for Eau Claire county for the term 
of six months. The young man was needed in Lewistown, Mon- 
tana, in connection with the settlement of an estate in which he 
is interested. The judge who sentenced him recommended a par- 
don and it is thought that the ends of justice in this case had 
been well satisfied. Pardon granted January 24, 1917. 

Gust Hoeppher—CoiiYicted before the justice court in Mellen, 
Ashland county, on the fourth day of January, 1918, of the crime 
of violating the game laws and sentenced to the county jail for 
Ashland county for the term of sixty days. His family was 
in destitute circumstances, having no food and no wood. The 
man was an innocent offender, not knowing that it was necessary 
to have a trappers license. The conservation commission and all 
interested recommend a pardon. Pardon granted January 17, 
1918. 

Absolute Pardons Miscellaneous 

Frank Anderson— Convicted before the circuit court for Eau 
Claire county, on the ninth day of March, 1916, of the crime of 
burglary in the night-time and sentenced to be placed on pro- 
bation for an indefinite period of time not exceeding ten years. 
At the time this pardon was granted this party was in the service 
of the United States army in France. He had some money com- 
ing and his mother was in need of same. It could not be turned 
over to her while he was on probation. Pardon was granted to 
enable him to make such disposition of it as he chose. Pardon 
granted July 3, 1918. 

Conditional Pardons From the Wisconsin State Prison 

Sadie Scheu— Convicted before the county court for Washburn 
county, on the first day of November, 1916, of the crime of adul- 
tery and sentenced to the Wisconsin state prison at Waupun for 
the term of two years. Husband was willing to take her home. 
Their four children needed her attention. From evidence dis- 



Session op 1919 297 

'closed her husband was partly responsible for her downfall be- 
cause of his brutal treatment of her. A conditional pardon was 
granted on February 15, 1917, the conditions being that she re- 
turn to her husband and family and perform a mother's part 
in maintaining their home, report once each month to Warden 
Henry Town, giving full account of her conduct, also treatment 
accorded her by her husband and conduct herself in proper and 
lawful manner. Mrs. Scheu violated the conditions imposed and 
the pardon was revoked on July 3, 1917. 

William Sherman — Convicted before the municipal court for 
Milwaukee on the sixteenth day of March, 1917, of the crime of 
attempted rape and sentenced to the Wisconsin state prison at 
Waupun for the term of five years. There was no physical in- 
jury done to the person he attempted to rape. He had a good 
reputation up to this time. Employer was anxious to again se- 
cure the services of Sherman and promised to give him personal 
attention. Conditional pardon was granted him on May 18, 1917, 
the conditions being that he place himself under the care and 
guidance of Thomas G. Hayden, report once every thirty days 
to John T. Janssen, chief of police of Milwaukee, and be sober 
and industrious and conduct himself in a peaceable and law- 
abiding manner. 

Charles Seaman — Convicted before the circuit court for Fond 
du Lac county on the seventh day of December, 1914, of the 
crime of larceny and sentenced to the Wisconsin state prison 
•at Waupun for the term of twelve years. At the time of his 
'conviction he was addicted to the use of narcotic drugs. He had 
•overcome the habit and a conditional pardon was granted him 
in order that he might be returned to prison if he again acquired 
the habit. Conditional pardon granted on July 14, 1917, the 
conditions being that he remain in Fond du Lac, abstain from 
the use of alcoholic drinks, also narcotic drugs, and that he re- 
port to Judge C. A. Fowler every thirty days, giving full account 
of his conduct and conduct and demean himself in a peaceable 
and law-abiding manner. 

Laden Fogo— Convicted before the circuit court for Eichland 
county on the eighteenth day of June, 1917, of the crime of 
manslaughter in the fourth degree and sentenced to the Wiscon- 
sin state prison at Waupun for the term of seventeen months. 
Conditional pardon recommended by the judge who sentenced 



298 Messages to the Legislature 

him. Ho had a good position and his family needed him, so con- 
ditional pardon was granted to act as parole. Conditional par- 
don granted Jnly 7, 1917, the conditions being that he place 
himself under the supervision of B. N. Jostad, state probation 
officer, report to him upon such matters and at such times as 
he might require, abstain absolutely from the use of intoxicat- 
ing liquors and conduct and demean himself as a peaceable and 
law-abiding citizen. 

Hotvard W. Burg ess— Convicted before the circuit court for 
La Crosse county on the eighteenth day of November, 1916, of 
the crime of assault with intent to commit murder and sentenced 
to the Wisconsin state prison at Waupun for the term of seven 
years. Conditional pardon recommended by the judge and dis- 
trict attorney. Burgess is tubercular, with an affected right lung. 
Pardon granted to enable him to go west on a ranch owned by 
his uncle in order to regain his health. Conditional pardon 
granted July 18, 1917, the conditions being that he go to Cali- 
fornia to reside on a ranch with his uncle, conduct himself in 
a peaceable and law-abiding manner. 

Florence Gould— Convicted before the municipal court for Chip- 
pewa county on the ninth day of March, 1917, of the crime of 
adultery and sentenced to the Wisconsin state prison at Waupun 
for the term of eighteen months. Investigation by the state 
board of control revealed the fact that her home was in a de- 
plorable condition. They have three children and father could 
not afford a housekeeper. Mother pardoned to permit her to 
return and care for her family. It was necessary either to re- 
turn her or send the children to the state school. Conditional 
pardon granted August 20, 1917, the conditions being that she 
return to her home and care for her family and conduct herself 
in a proper manner. 

Louis Ormson — Convicted before the circuit court for Juneau 
county on the twenty-sixth day of October, 1916, of the crime 
of burglary and sentenced to the Wisconsin state prison at Wau- 
pun for the term of two years. This pardon was granted be- 
cause of the need of the wife and children and because it ap- 
peared that the applicant's offense would not have been com- 
mitted had he not been under the influence of liquor. Condi- 
tional pardon granted October 26, 1917, the conditions being that 
he return to his family,, abstain entirely from the use of intoxi- 



Session of 1919 299 

eating liquors and conduct himself in every way as a good, law- 
abiding citizen. 

Thomas Kratochvil— Convicted before the municipal court for 
Chippewa county on the eleventh day of October, 1916, of the 
crime of forgery and sentenced to the Wisconsin state prison 
at Waupun for the term of seven years. It appeared that this 
applicant was only a boy and that the judge who sentenced him 
labored under the misapprehension that he had reached his ma- 
jority. A conditional pardon recommended by the judge and 
district attorney. It appeared from all facts that the better way 
to deal with him was to grant the pardon so that he would be 
out as if on a parole. Conditional pardon granted February 5th, 
1918, the conditions being that he be under the control of B. M. 
Jostad, parole officer, to the same extent as if he were out on 
parole granted by the state board of control and upon the fur- 
ther condition that such parole officer find employment for him, 
and that he conduct himself as a law-abiding citizen and refrain 
from the use of intoxicating liquor in any form and from the 
commission of any offense against the state laws. Kratochvil vio- 
lated the term of his pardon and the same was revoked on De- 
cember 13th, 1918, and he was returned to the state prison at 
Wan pun to complete his original sentence. 

Rodney Dain — Convicted before the circuit court for Portage 
county on the twenty-first day of July, 1917, of the crime of 
larceny and sentenced to the Wisconsin state prison at Waupun 
for the term of two years. State board of control recommended 
a pardon in order that Dain might plant his crops, which were 
very essential at that time. The conditional pardon acted as 
a parole, but it enabled him to care for his farm, and support 
his wife. Conditional pardon granted April 4, 1918, the condi- 
tions being that he return to his home, take charge of his farm 
and plant it and that he make regular monthly reports of his 
conduct during the balance of his term, which reports must be 
verified by some substantial citizen who would act as his guar- 
dian, the same to be made to the state board of control at Madi- 
son. 

Perry McClinchy— Convicted before the circuit court for For- 
est county on the tenth day of April, 1917, of the crime of grand 
larceny and sentenced to the Wisconsin state prison at Waupun 
for the term of three vears. Since this man's conviction his 



300 Messages to the Legislature 

wife secured a divorce, remarried in violation of the law and 
abandoned the two sons, aged ten and eleven. Judge and dis- 
trict attorney who are familiar with all the facts recommended 
a pardon in order that he might secure the custody of the chil- 
dren and care for them. Conditional pardon granted April 12, 
1918, the conditions being that he lead an upright and honor- 
able life, abstain from the use of intoxicating liquors and make 
a home for his children and take good care of them. 

James Lowney — Convicted before the municipal court for Win- 
nebago county on the thirteenth day of February, 1918, of the 
crime of forgery and sentenced to the Wisconsin state prison at 
Waupun for the term of seven years. The prisoner was suffer- 
ing from tuberculosis and not expected to live a year. Pardon 
granted to enable him to go to his home and receive the care 
and attention that his people could give him. Conditional par- 
don granted May 16, 1918, the conditions being that he be taken 
to his father's home, cared for and that during his illness he 
conduct himself properly and that he should not during the bal- 
ance of his term enter any store or business house where he may 
attempt to pass any check or other paper of value and that six 
months from the date of this pardon he send a sworn statement 
made by the attending physician giving the condition of his heatlh, 
a copy of pardon given board of control with instructions that 
probation officer visit him once in six months to determine his 
condition and his personal conduct. 

Allie Robinson— Convicted before the circuit court for Clark 
county on the second day of June, 1917, of the crime of arson 
and sentenced to the Wisconsin state prison at Waupun for the 
term of three years. The judge and district attorney recommended 
pardon. Kobinson's children were being maintained at private 
expense at Neillsville and they would have been sent to one of 
the state institutions if the father had not been released to care 
for them. Eobinson was really the tool of his brother-in-law, 
who was the real offender and who was acquitted. Conditional 
pardon granted August 27, 1918, the conditions being that he 
conduct and demean himself as a peacable and law-abiding citi- 
zen and that he support his family. 

Patrick Brickie — Convicted before the circuit court for Fond 
du Lac county on the tenth day of May, 1918, of the crime of 
drunkenness and sentenced to the Wisconsin state prison at Wau- 



Session of 1919 301 

pun for the term of one year. Granted on recommendation of 
the judge who sentenced him. It was thought that a conditional 
pardon would serve to punish him more satisfactorily than im- 
prisonment. Conditional pardon granted June 27, 1918, the con- 
ditions being that he abstain absolutely from alcoholic liquors 
and that he be employed on a farm under the direction of B. 
M. Jostad, state parole officer. Brickie refused to accept the par- 
don under the conditions imposed and the same was revoked 
August 3, 1918. 

Frank HipJce — Convicted before the circuit court for Lincoln 
county, on the eighteenth day of April, 1917, of the crime of 
rape and sentenced to the Wisconsin state prison at Waupun for 
the term of four years. He had a wife and two children being 
supported by the county. She received thirty-seven dollars a 
month, paid seven for rent and had to live on thirty. She has a 
goiter aud was in need of an operation. The oldest child had 
tuberculosis and the other child injured his eye and a cataract 
formed which also needed attention. The district attorney and 
judge were in favor of a pardon. Conditional pardon granted 
October 10, 1918, the conditions being that he conduct and demean 
himself as a law-abiding citizen. 

Robert Fevers— Convicted before the circuit court for Fond du 
Lac county, on the third day of July, 1918, of the crime of 
larceny and sentenced to the Wisconsin state prison at Waupun 
for the term of one year. His mother was badly in need of his 
support. His trouble was the use of liquor and under the par- 
don he will be required to abstain from that. Conditional pardon 
granted November 13, 1918, the conditions being that he conduct 
himself as a law-abiding citizen, abstain from the use of alcoholic 
drinks, be industrious and support his mother. The pardon was 
to take effect on December 1, 1918. 

Frank S. Herbert— Convicted before the circuit court for Bay- 
field county, on the twenty-seventh day of November, 1917, of the 
crime of rape and sentenced to the Wisconsin state prison at Wau- 
pun for the term of two years. In view of the many letters re- 
ceived, from which it appeared that this was the first time this 
applicant had offended against the laws. His family are in every 
way deserving. Mrs. Herbert has established a new home in 
Duluth, Minnesota, so as to take her husband from the scene of 
his trouble. Conditional pardon granted December 31, 1918, the 



302 Messages to the Legislature 

conditions being that he go to Duluth, Minnesota living there for 
the balance of the term for which he was sentenced, conducting 
himself as a law-abiding citizen, keeping away from Iron River, 
his former home, and having no illicit relations with any woman, 
supporting his family. 

Thomas Gray — Convicted before the municipal court for Mil- 
waukee county, on the twenty-ninth day of April, 1918, of the 
crime of operating an automobile without the owner's consent 
and sentenced to the Wisconsin state prison at Waupun for the 
term of eighteen months. Penalty was excessive for crime com- 
mitted. It was deemed advisable for the best interests of Gray 
to grant him a conditional pardon in order that he might demon- 
strate his worth. Recommended by the district attorney of Mil- 
waukee. Conditional pardon granted December 31, 1918, the con- 
ditions being that he be under the control of B. M. Jostad, state 
parole officer, to the same extent as though he were out on a parole 
granted by the state board of control and upon the further condi- 
tion that such probation officer find employment for him and that 
he conduct himself as a law-abiding citizen and refrain from the 
use of alcoholic drinks and refrain from the commission of any 
offense against any of the state laws. 

Conditional Pardons from the Wisconsin State 
Reformatory 

Joseph Routt— Convicted before the municipal court for Mil- 
waukee county, on the ninth day of September, 1916, of the crime 
of operating an automobile without the consent of the owner and 
sentenced to the Wisconsin state reformatory at Green Bay for 
the term of one year. Pardon recommended by the state board 
of control for the reason that Routt was in bad health, having 
developed heart trouble and it was the opinion of the board that 
he could not recover speedily while confined in the reformatory. 
Conditional pardon granted February 15, 1917, the conditions 
being that he return to his home and submit to medical treat- 
ment and that he properly conduct himself for the balance of the 
term for which he was sentenced. 

Joe Schullo — Convicted before the county court for Washburn 
county, on the thirty-first day of October, 1916, of the crime of 
adultery and sentenced to the Wisconsin state reformatory at 



Session of 1919 303 

Green Bay for the term of two years. Pardon recommended by 
the judge who sentenced him. The woman in this case had been 
pardoned and it was just and proper that this party receive the 
same consideration. Conditional pardon granted on March 28, 
1917, the conditions being that he report at least once every fifteen 
days to L. J. Jones, county judge of Washburn county, or his 
successor in office, giving a full account of his personal conduct, 
conduct himself in a peaceable manner and that he does not re- 
new his criminal relations with the woman that was convicted with 
him. m^ 

Thomas Halverson — Convicted before the municipal court for 
Milwaukee county, on the nineteenth day of April, 1917, of the 
crime of injuring a steam shovel under section 4440a. E. S. and 
sentenced to the Wisconsin state reformatory at Green Bay for 
the term of one year. His two brothers had joined the army and 
this pardon was granted in order that the mother might have one 
son at home. Conditional pardon granted November 8, 1917, the 
conditions being that he lead an upright, honest life and conduct 
himself as a law-abiding citizen. 

Conditional Pardons from Industrial School for Boys 

Charles Wood — Convicted before the county court for Vernon 
county, on the twentieth day of August, 1913, of the crime of 
larceny and sentenced to the Wisconsin industrial school for boys 
for the full period of his minority. His parents left the state in 
order that the son might be taken away from old influences. The 
district attorney recommended clemency. Conditional pardon 
granted August 17, 1917, the conditions being that he go to Austin, 
Minnesota, and live with his parents until he becomes of age un- 
less he should choose to enter military service. 
. Anton Schmeig el— Convicted before the municipal court for 
Dane county, on the twenty-fifth day of November, 1916, of the 
crime of larceny and burglary and sentenced to the Wisconsin 
industrial school for boys for the full period of his minority. 
Judge requested pardon. His father was an inmate of an in- 
sane hospital and his mother found it very difficult to care for 
the large family at home. Pardon granted that she might have 
his assistance. Conditional pardon granted August 22, 1917, the 
conditions being that he report semi-monthly to T. C. Purcell 



304 Messages to the Legislature 

upon such matters and in such manner as he shall direct and that 
he comply with such rules and regulations as Mr. Purcell may 
prescribe for the balance of his term. 

Conditional Pardons from the Milwaukee County House of 

Correction 

Maud Moore — Convicted before the municipal court for Mil- 
waukee county, on the twenty-sixth day of April, 1917, of the 
crime of keeping a house of ill-fame and sentenced to the Mil- 
waukee county house of correction for the term of six months. 
Sentence was excessive and conditional pardon acts as a parole. 
Conditional pardon granted September 11, 1917, the conditions 
being that she return to her parents at Grand Eapids, "Wiscon- 
sin, and that she conduct herself in a moral and law-abiding man- 
ner. 

S. 0. Stella— Convicted before the municipal court for Milwau- 
kee county, on the eighteenth day of May, 1917, of the crime of 
burglary and sentenced to the Milwaukee county house of correc- 
tion for the term of six months. This man is an expert workman 
at laying terrazzo floors. The people who contracted for the 
building of the southern Wisconsin home at Union Grove stated 
they needed him badly for this work at that place and could get 
no one else to do this work. Pardon acted as parole in order 
that he might be employed by these people and earn wages to sup- 
port his family. Conditional pardon granted June 13, 1917, the 
conditions being that he be placed under supervision of the board 
of control during balance of sentence, report to the board monthly, 
said reports to be verified by his guardian, refrain from intoxi- 
cating liquors and that his earnings after his own maintenance is 
paid be given to his family. 

Arthur B. McClave— Convicted before the municipal court for 
Milwaukee county, on the sixteenth day of May, 1917, of the 
crime of drunkenness and sentenced to the Milwaukee county 
house of correction for the term of ninety days. His wife wished 
to take him to Arizona, away from his associates and influences 
and the pardon was granted on condition that he accompany her, 
that he totally abstain from the use of intoxicating liquors for 
the balance of the term for which he was sentenced. Conditional 
pardon granted July 18, 1917. 



r Session of 1919 305 

Louis Fiedler — Convicted before the municipal court for Mil- 
waukee county, on the third day of January, 1916, of the crime 
of abandonment and sentenced to the Milwaukee county house of 
correction for the term of two years. Pardon acts as a parole 
and is granted in order that he may support his wife and five chil- 
dren. Conditional pardon granted August 7, 1917, the condi- 
tions being that he abstain absolutely from the use of intoxicating 
liquor, report once each month to Judge A. C. Backus of Milwau- 
kee upon such matters and in such manner as the said Judge 
Backus may require. 

Thomas J. McBarron — Convicted before the municipal court 
for Milwaukee county on the twenty-third day of September, 1916, 
of the crime of burglary in the night-time and attempt to rape 
and sentenced to the Milwaukee county house of correction for the 
term of three years. Pardon granted in order that he might 
support his wife and two children. Conditional pardon granted 
September 1, 1917, the conditions being that he abstain from in- 
toxicating liquors and conduct himself as a law-abiding citizen, 
report twice each month to Father Finnegan of Jesuit church 
upon such matters and in such manner as Father Finnegan may 
require. 

Agnes Vietzke— Convicted before the municipal court for Mil- 
waukee county, on the twenty-ninth day of May, 1917, of the 
crime of adultery and sentenced to the Milwaukee county house 
of correction for the term of two years. Because of her physi- 
cal condition it was thought best by all concerned that she be 
pardoned. Conditional pardon granted December 20, 1917, the 
conditions being that she report to Probation Officer Theodore 
Puis or his successor every sixty days during the balance of her 
term upon such matters as he may require, lead a moral life and 
conduct herself properly. 

Dominic Zarconne — Convicted before the municipal court for 
Milwaukee county, on the seventeenth day of March, 1917, of the 
crime of burglary and sentenced to the Milwaukee county house 
of correction for the term of two and one-half years. It is be- 
lieved that he has been sufficiently punished. Since his imprison- 
ment two brothers have been drafted into the army, leaving a 
child of six years at home. His parents needed his support. Con- 
ditional pardon granted January third, 1918, the conditions being 
that he find employment, keep at work and give a reasonable part 



Messages to the Legislature 

of his earnings to his parents, conduct himself in an orderly man- 
ner, keep out of pool halls and gambling places, report to the 
chief of police of Milwaukee every two weeks from date of his 
release giving full account of his conduct. 

Walter 7<7msz— -Convicted before the municipal court for Mil- 
waukee on the fourth day of September, 1917, of the crime of 
adultery and sentenced to the Milwaukee county house of cor- 
rection for the term of one year. Eeconciliation had been effected 
in his family. He had served one-half of his sentence and it was 
felt that the ends of justice would be best served by granting him 
a conditional pardon. Conditional pardon granted March 4, 
1918, the conditions being that he live with his wife and support 
her and lead a moral life. 

William Harris — Convicted before the municipal court for Mil- 
waukee county on the ninth day of May, 1917, of the crime of 
adultery and sentenced to the Milwaukee county house of correc- 
tion for the term of two years. His wife was willing to take him 
back. The woman convicted with him had been pardoned be- 
cause of her physical condition and the district attorney recom- 
mended that Harris be released as the law should be the same for 
both. Conditional pardon granted May 18, 1918, the conditions 
being that he does not again have any illicit relations with women, 
and that he conduct himself as a law-abiding citizen and take care 
of his family to the best of his ability. 

Frank Piotroivski— Convicted before the municipal court for 
Milwaukee county, on the ninth day of February, 1918, of the 
crime of adultery and sentenced to the Milwaukee county house 
of correction for the term of six months or to pay a fine of two 
hundred dollars and costs. Man previously had a good reputation. 
No permanent harm resulted as far as family relations were con- 
cerned. His employer made application for pardon and the dis- 
trict attorney recommended that it be granted. Conditional par- 
don granted June 11, 1918, the conditions being that he conduct 
himself in a law-abiding manner. 

Joseph de Stefano — Convicted before the municipal court for 
Milwaukee county, on the twenty-eighth day of March, 1918, of 
the crime of receiving stolen goods and sentenced to the Mil- 
waukee county house of correction for the term of one year. Un- 
der all conditions had been sufficiently punished. Conditional 
pardon granted July 11, 1918 to take effect September 1st, 1918, 



Session of 1919 307 

the condition being that he obey the law in all respects and be a 
law-abiding citizen. 

Frank Burgerino — Convicted before the municipal court for 
Milwaukee county, on the twenty-eighth day of March, 1918, of 
the crime of receiving stolen property and sentenced to the Mil- 
waukee county house of correction for the term of one year. Under 
all conditions it was thought that he had been sufficiently punished. 
Conditional pardon granted July 11, 1918 to take effect September 
1st, 1918, the condition being that he obey the law in all respects 
and be a law-abiding citizen. 

Fred 0. Martin — Convicted before the municipal court for Mil- 
waukee county, on the eleventh day of February, 1918, of the 
crime of violating his probation and sentenced to the Milwaukee 
county house of correction for the term of one year. It was 
thought that he had been sufficiently punished. His family 
needed him badly. Conditional pardon granted July 11, 1918, 
the conditions being that he pay within seven months the amounts 
required by the court to be paid at the time he was placed on pro- 
bation. 

Samuel Terzis — Convicted before the municipal court for Mil- 
waukee county, on the sixteenth day of April, 1918, of the crime 
of rape and sentenced to the Milwaukee county house of correc- 
tion for the term of one year. It was shown that the girl in the 
case was as much to blame, it further appeared that the companion 
who led him into the trouble and was equally guilty was let off 
on the payment of a fine. Conditional pardon granted October 
1, 1918, the conditions being that he conduct himself properly 
and as a law-abiding citizen and lead a moral life, and that he re- 
port to inspector W. H. Momsen of the house of correction every 
two weeks giving a full account of his conduct, his whereabouts 
and employment for the balance of his term. 

Commutations of Sentence from the Wisconsin State 

Prison 

John Lester— Convicted before the circuit court for Marinette 
county, on the eighth day of May, 1914, of the crime of assault 
with intent to kill and murder and sentenced to the state prison 
at Waupun for the term of eight years. His splendid conduct 
has entitled him to consideration, has been at honor camp for 



308 Messages to the Legislature 

about ouo and oue-balf years, has done splendid work. He has 
a wife and children who need his support. Sentence was com- 
muted to six years, April 5, 1917. 

Frank Ghinnock — Convicted before the circuit court for Pierce 
county, on the thirteenth day of December, 1916, of the crime of 
chicken stealing and sentenced to the Wisconsin state prison at 
Waupun for the term of nine months. Sentence was excessive. 
To give him an opportunity to go home and raise a crop sentence 
was commuted to six months April 18, 1917. 

Arthur Deahy— Convicted before the circuit court for Monroe 
county, on the thirty-first day of March, 1915, of the crime of man- 
slaughter in the first degree and sentenced to the state prison at 
Waupun for the term of five years. Crime was not committed 
intentionally and the sentence imposed was excessive. In order 
that he might be eligible to apply for a parole sentence was com- 
muted to three years on February 15, 1917. 

Fred Olson— Convicted before the municipal court for Brown 
county on the twenty-sixth day of October, 1915, of the crime of 
arson and sentenced to the state prison at Waupun for the term 
of five years. Prisoner has been offered a position with his 
brother-in-law at Channing, Michigan, and sentence was com- 
muted to four years on February 15, 1917, in order that he might 
be eligible to apply for a parole. 

Fred A. Shaiv, Jr.— Convicted before the superior court for 
Douglas county, on the thirtieth of January, 1915, of the crime 
of forgery and sentenced to the Wisconsin state prison for the 
term of five years. Judge and district attorney consider sentence 
excessive and recommend commutation. Sentence commuted to 
three years February 15, 1917. 

Robert Jersch — Convicted before the municipal court for Mil- 
waukee county on the fifth day of December, 1908, of the crime 
of murder in the second degree and sentenced to the state prison 
at Waupun for the term of twenty-five years. On March 15, 
1917, sentence was cummuted to twenty years to enable him to 
get a position and support his family. If he were compelled to 
serve his full sentence he would be too old. 

Abner G. Schuette— Convicted before the circuit court for Mara- 
thon county, on the thirtieth day of December, 1915, of the crime 
of burglary and sentenced to the Wisconsin state prison for the 
term of five years. On the recommendation of the judge who 



Session op 1919 309 

sentenced him and who knew all the circumstances connected with 
the case, sentence commuted to three years on March 15, 1917. 

Robert E. Johnson — Convicted before the municipal court of 
Langlade county, on the thirteenth day of April, 1917, of the crime 
of burglary and sentenced to the Wisconsin state prison for the 
term of two years. Nearly all the stolen goods were returned. 
Johnson's wife is crippled and needed his earnings to support their 
child. To permit parole sentence was commuted to one year on 
May 8, 1917. 

Sam Dunato — Convicted before the circuit court for Eacine 
county, on the seventh day of July, 1913, of the crime of murder 
in the second degree and sentenced to the Wisconsin state prison 
for the term of twenty years. There is a question as to whether 
this man was guilty of murder in the second degree and there- 
fore a commutation of sentence to fifteen years was granted on 
May 10, 1917. 

Leander Bruno — Convicted before the circuit court for Clark 
county, on the eleventh day of December, 1916, of the crime of 
assault with intent to do great bodily harm and sentenced to the 
Wisconsin state prison for the term of fifteen months. The diffi- 
culty grew out of a charivari. The defendant and the people en- 
gaged in the charivari seemed to be equally at fault. No one was 
seriously injured and thirty days in the county jail was sufficient 
punishment. The sentence was commuted to thirty days in the 
county jail on June 15, 1917. 

Alfred Gonia — Convicted before the circuit court for Wood 
county, on the fourteenth day of August, 1915, of the crime of 
burglary and sentenced to the Wisconsin state prison for the term 
of six years. At the request of Warden Town commutation of 
sentence to five years was granted on August 6, 1917, as a reward. 
Gonia assisted an officer in a shop at the prison who was attacked 
by one of the other prisoners with a pair of shears. Gonia pre- 
vented any serious damage being done. 

John Radej— Convicted before the circuit court for Manitowoc 
county, on the third day of July, 1912, of the crime of murder in 
the second degree and sentenced to the Wisconsin state prison for 
the term of eighteen years. On August 17, 1917, sentence was 
commuted to fifteen years for the reason that under the circum- 
stances the sentence was considered too severe. 

Henry Braclcer — Convicted before the circuit court for Walworth 



310 Messages to the Legislature 

county, on the twenty-ninth day of December, 1906, of the crime 
of rape and sentenced to the Wisconsin state prison for the term 
of twenty-five years. From statements made by judge and dis- 
trict attorney it appears there is grave doubt whether applicant is 
guilty of offense to which he pleaded guilty. It appeared there 
was little or no probability that he would ever commit another 
offense and sentence was commuted to twenty years on November 
14, 1917, to permit parole. 

Joseph Geischar — Convicted before the municipal court for Mil- 
waukee county, on the twenty-ninth day of November, 1902, of the 
crime of rape and sentenced to the Wisconsin state prison for the 
term of thirty-five years. On November 14, 1917, sentence was 
commuted to thirty years to make him eligible to parole so that 
he might return to his family. He had made a good record in 
prison. The health of the prisoner was failing and it was thought 
best to release him from prison. 

Harry Berger — Convicted before the circuit court for Rock 
county, on the twenty-fifth day of November, 1912, of the crime 
of murder in the third degree and rape and sentenced to the Wis- 
consin state prison for the term of eighteen years. Sentence com- 
muted to ten years on November 14, 1917, to permit parole so 
that he might return to active life while able to do work. He was 
an industrious man and had been raised in good surroundings. 
The crime was committed while intoxicated. 

Edward Meyer — Convicted before the circuit court for Rock 
county, on the twenty-fifth day of November, 1912, of the crime 
of murder in the third degree and rape and sentenced to the Wis- 
consin state prison for the term of eighteen years. Sentence com- 
muted to ten years on November 14, 1917, to permit parole so that 
he might return to active life while able to work. Many influential 
citizens of Janesville recommended clemency. 

Nora A. Weir — Convicted before the municipal court for Mil- 
waukee county, on the eighteenth day of September, 1916, of the 
crime of forgery and sentenced to the Wisconsin state prison for 
the term of two years. Commutation of sentence to one year and 
ten months was recommended by Warden Town and granted on 
March 8, 1918, to permit her to be released in order that she could 
attend the exercises at college when her brother, whom she had 
financed while attending, graduated. 

George Kartoes — Convicted before the municipal court for Mil- 



Session of 1919 311 

waukee county, on the sixth day of May, 1916, of the crime of 
assault with intent to kill and murder and sentenced to the Wis- 
consin state prison for the term of eight years. Kartoes was not 
a criminal at heart. It was a trying situation and he was provoked 
into committing the act. On recommendation of the judge and 
district attorney sentence was commuted to four years on June 
13, 1918. 

Edward Avery — Convicted before the municipal court for Mil- 
waukee county, on the fifth day of August, 1910, of the crime of 
rape and sentenced to the Wisconsin state prison for the term of 
thirty years. Sentence to twenty years on July 11, 1918, for the 
reason that if he served the full time he would have reached an 
age at which it would be impossible for him to maintain himself 
when released. 

James C. Croft — Convicted before the circuit court for Dane 
county on the second day of December, 1912, of the crime of mur- 
der in the first degree and sentenced to the Wisconsin state prison 
for the term of his life. It is believed that while Croft intended 
to commit robbery he did not intend to kill. The actual killing 
was done by a third person. Sentence was commuted to fourteen 
years on July 11, 1918, as this was thought to be sufficient punish- 
ment for the crime he really committed. 

Edward Olson — Convicted before the circuit court for Dane 
county on the second day of December, 1912, of the crime of mur- 
der in the first degree and sentenced to the Wisconsin state prison 
for the term of his life. This party was associated with Croft 
and, as in the case of Croft, did not commit the murder. He did 
intend to commit robbery and the sentence is commuted to four- 
teen years, which is considered to be a sufficient length of time to 
serve for that crime. Commutation granted on July 11, 1918. 

Oscar Powers — Convicted before the municipal court for Mil- 
waukee county, on the twenty-second day of June, 1917, of the 
crime of manslaughter in the first degree and sentenced to the 
Wisconsin state prison for the term of eight years. Under the evi- 
dence the jury might have found him guilty of manslaughter in 
the fourth degree, the maximum sentence for which is two years. 
On the recommendation of the district attorney sentence commuted 
to two years on July 11, 1918. 

Elmer M cDonald— Convicted before the municipal court for Mil- 
waukee county, on the thirtieth day of November, 1916, of the 



312 Messages to the Legislature 

crime of burglary and sentenced to the Wisconsin state prison for 
the fcerm of twelve years. On the strength of the report of the case 
made by the assistant district attorney, who is well acquainted with 
all the facts, sentence commuted to six years on October 1, 1918. 

Bernard Garrigan — Convicted before the municipal court for 
Milwaukee county, on the nineteenth day of March, 1915, of the 
crime of burglary and sentenced to the Wisconsin state prison for 
the term of eight years. Under the circumstances the sentence 
was too severe and a commutation to seven years was granted on 
October 1, 1918. 

John Loring — Convicted before the municipal court for Brown 
county, on the thirteenth day of February, 1915, of the crime of 
burglary and sentenced to the Wisconsin state prison for the term 
of ten years. Because of the fact that his aged mother is in need 
sentence commuted to nine years October 1, 1918. 

Peter Rosa — Convicted before the circuit court for Iron county, 
on the sixth day of November, 1905, of the crime of murder in 
the first degree and sentenced to the Wisconsin state prison for 
life. District attorney recommended clemency. Sentence con- 
sidered excessive in view of all the circumstances. He has been 
a good prisoner, conducting himself in a proper and orderly man- 
ner and has acquired habits of industry. Commutation of sentence 
to twenty-five years granted December 6, 1918. 

A. N. Savee — Convicted before the county court for Walworth 
county, on the seventh day of February, 1918, of the crime of em- 
bezzlement and sentenced to the Wisconsin state prison for the 
term of five years. His wife and children are in destitute circum- 
stances. He is not a vicious man and did not intentionally com- 
mit crime. He has two or three brothers in the army and his peo- 
ple have suffered considerable because of his conviction. Commu- 
tation of sentence to three years granted December 28, 1918. 

William Hatch — Convicted before the circuit court for Brown 
county, on the sixth day of March, 1914, of the crime of murder 
in the second degree and sentenced to the Wisconsin state prison 
for the term of twenty years. He was under the influence of 
liquor when the crime was committed and consequently not re- 
sponsible. Judge who sentenced him recommended leniency and 
sentence was commuted to fifteen years on December 28, 1918. 

Charles Tilge — Convicted before the circuit court for Marathon 
county, on the twelfth day of January, 1916, of the crime of rape 



Session of 1919 313 

and sentenced to the Wisconsin state prison for the term of ten 
years. Upon the representations of the judge and the family of 
the girl injured and upon the statement of the attorney who pre- 
sented the application that he would find a place for Tilge, sentence 
was commuted to five years on December 28, 1918. 

Commutations of Sentence from the Milwaukee County 
House of Correction 

Gerhard Aussem — Convicted before the municipal court for Mil- 
waukee county, on the twentieth day of January, 1917, of the crime 
of obtaining money under false pretenses and sentenced to the Mil- 
waukee county house of correction for the term of eighteen months. 
Commutation granted to six months on April 5, 1917, with the 
understanding that complete restitution be made to the defrauded 
parties. Commutation to be delivered by the district attorney of 
Milwaukee county after restitution is made. ■ 

John Travis — Convicted before the municipal court for Mil- 
waukee county, on the seventh day of February, 1917, of the crime 
of endeavoring to procure person to commit perjury and sentenced 
to the Milwaukee county house of correction for the term of one 
year and six months. Commutation of sentence to one year 
granted on July 13, 1917, for the reason that his family need the 
support of Travis. 

John F. Fowler — Convicted before the municipal court for Mil- 
waukee county, on the sixteenth day of January, 1918, of the crime 
of embezzlement and sentenced to the Milwaukee county house of 
correction for the term of one year. His wife and child were with- 
out means of support. It was thought that the ends of justice 
would be best served by allowing the prisoner his freedom when he 
had served one-half his term. Commutation of sentence to six 
months granted on March 13, 1918. 

Robert Henry — Convicted before the municipal court of Mil- 
waukee county, on the fifth day of May, 1918, of the crime of 
larceny and sentenced to the Milwaukee county house of correc- 
tion for the term of two years. Commutation of sentence to fifteen 
months granted December 7, 1918, for the reason that the Federal 
Rubber company, the complainant in this case, and the district 
attorney who prosecuted him recommended clemency. 

Respectfully submitted, 

EMANUEL L, PHILIPP, 

January 9, 1919. Governor. 



314 Messages to the Legislature 

To the Honorable, The Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the Senate, appoint: 

Honorable M. C. Mead, of Plymouth, Wisconsin, to be a member 
of the State Board of Education, for the term ending August 1, 
1923, to succeed Claire B. Bird, resigned. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 
January 15, 1919. Governor. 

To the Honorable, The Senate: 

I respectfully request that your Honorable Body return the 
nomination of the Honorable M. C. Mead, of Plymouth, Wiscon- 
sin, as a member of the State Board of Education, transmitted to 
you on January 15, 1919, and that you do not further consider 
the question of his confirmation. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 
January 22, 1919. Governor. 



To the Honorable, The Senate: 

A vacancy having occurred in the office of Commissioner of 
Banking by the expiration of the term of A. E. Kuolt, I did, 
pursuant to the statutes governing, on 4th day of December, 1918, 
the legislature not then being in session, appoint Marshall Cousins, 
of Eau Claire, to fill such vacancy for the term ending on the 15th 
day of May, 1923, subject to confirmation by the Senate. 
Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated January 24, 1919. Governor. 



To the Honorable, The Senate: 

A vacancy having occurred in the membership of the State 
Board of Control of Wisconsin by the expiration of the term of 
W. II . Graebner, I did, pursuant to the statutes governing, on the 
12th day of April, 1918, the Legislature not then being in session, 
re-appoint W. H. Graebner, of Milwaukee, for the term ending 
on the first Monday in April, 1923, subject to confirmation by 
the Senate. Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, January 28, 1919. Governor. 



Session of 1919 315 

To the Honorable, The Senate: 

Pursuant to the statute governing I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

Dr. Edward S. Hayes, of Eau Claire, Wisconsin, to be a member 
of the State Board of Health and Vital Statistics, for the term 
ending on the first Monday in February, 1926. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, January 28, 1919. Governor. 



To the Honorable, The Senate: 

A vacancy having occurred in the membership of the State 
Board of Health and Vital Statistics by the expiration of the 
term of Dr. W. F. Whyte, I did, pursuant to the statutes govern- 
ing, on the second day of February, 1918, the Legislature not 
then being in session, re-appoint Dr. W. F. Whyte, of Watertown, 
for the term ending on the first Monday in February, 1925, subject 
to confirmation by the Senate. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, January 28, 1919. Governor. 



To the Honorable, The Senate: 

Pursuant to the statute governing I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

George J. Weigle, of Milwaukee, Wisconsin, to be Dairy and 
Food Commissioner, for the term ending on the first Monday in 
February, 1921. 

. Eespectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, January 28, 1919. Governor. 



To the Honorable, The Senate: 

Pursuant to the statute governing I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

W. E. Barber, of La Crosse, Wisconsin, to be a member of the 
State Conservation Commission of Wisconsin, for the term end- 
ing on the first Monday in February, 1925. 
Respectfully submitted, 



EMANUEL L. PHILIPP 



Dated, January 28, 1919. Governor. 



316 Messages to the Legislature 

To I he Honorable, The Senate: 

Pursuant to the statute governing I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

Christian P. Norgord, of Madison, Wisconsin, to be Commis- 
sioner of Agriculture, for the term ending on the first Monday 
in February, 1923. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, January 28, 1919. 



To the Honorable, The Senate: 

Pursuant to the statute governing I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

F. S. Sensenbrenner, of Neenah, Wisconsin, to be a member 
of the State Board of Education for the term ending August 1, 
1923. I ' ; 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, January 28, 1919. 



To the Honorable, The Senate: 

Pursuant to the statute governing I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

W. R. Graves, of Prairie du Chien, to be a member of the State 
Board of Education for the term ending August 1, 1922, to succeed 
Frank P. Hixon, resigned. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, January 28, 1919. 



To the Honorable, The Senate: 

Pursuant to the statute governing, I hereby nominate, and, by 
and with the advice and consent of the Senate, appoint 

R. J. White, of Milwaukee, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday in February, 1923; 

0. H. Kjorstad, of Nobleton, Wisconsin, to be a member of the 



Session of 1919 317 

State Fair Advisory Board of the Department of Agriculture, 
for the term ending on the first Monday in February, 1923; 

Edward J. Roethe, of Fennimore, Wisconsin, to be a member 
of the State Fair Advisory Board of the Department of Agricul- 
ture, for the term ending on the first Monday in February, 1923; 

Thomas Saxe, of Milwaukee, Wisconsin, to be a member of the 
State Fair Advisory Board of the Department of Agriculture, for 
the term ending on the first Monday in February, 1923. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, January 28, 1919. 



To the Honorable, The Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

George B. Hudnall, of Milwaukee, Wisconsin, to be a member 
of the State Board of Public Affairs, for the term ending Febru- 
ary 1, 1921. 

L. Albert Karel, of Milwaukee, Wisconsin, to be a member of 
the State Board of Public Affairs, for the term ending February 
1, 1921. 

George A. West, of Milwaukee, Wisconsin, to be a member of 
the State Board of Public Affairs, for the term ending February 
1, 1921. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, January 28, 1919. 



To the Honorable, The Senate: 

Vacancies having occurred in the membership of the State Fair 
Advisory Board of the Department of Agriculture by the expiration 
of the terms of Frank Johnson, B. F. Wilson, L. I. Roe and 
Robert McDowell, I did, pursuant to the statutes governing, on 
the twenty-first day of February, 1918, the Legislature not then 
being in session, re-appoint the following men, subject to con- 
firmation by the Senate: 

Frank Johnson, of Darien, Wisconsin, for the term ending on 
the first Monday in February, 1922; 



318 Messages to the Legislature 

B. F. Wilson, of Wausau, Wisconsin, for the term ending on the 
first Monday in February, 1922; 

L. I. Roe, of Stanley, Wisconsin, for the term ending on the 
first Monday in February, 1922. 

Robert McDowell, of Oconto, Wisconsin, for the term ending on 
the first Monday in February, 1922. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, January 28, 1919. 






To the Honorable, The Legislature : 

This is to formally notify you that pursuant to the statute gov- 
erning, I have this day appointed the following members of the 
Senate and Assembly to constitute the Visiting Committee: 
From the Senate: 

Eugene F. Clark, of Galesville, 
Al. C. Anderson, of Menomonie, 
From the Assembly: 

Byron W. Whittingham, of Arpin, 
Delbert Miller, of West Allis, 
J. L. Grindel, of Platteville, 
P. M. Anderson, of Somers. 
The commissions of the members of this Committee have been 
transmitted to the Sergeant-at-Arms of the Senate and Assembly. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, January 30, 1919. 



To the Honorable, The Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

Carl D. Jackson, of Oshkosh, Wisconsin, to be a member of 
the Railroad Commission of Wisconsin for the term ending on 
the first Monday in February, 1925. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, March 4, 1919. 



Session of 1919 319 

To the Honorable, The Senate: 

Bill No. 93, S. "An act to amend section 16 of chapter 459 of 
the laws of 1907, as amended by chapter 369, laws of 1909, as 
amended by chapter 97, laws of 1911, as amended by chapter 614, 
laws of 1917, as amended by chapter 5, laws of 1918, relating 
to school boards and common and high schools in cities of the 
first class/' has been approved, signed and deposited in the office 
of the Secretary of State with the following memorandum attached: 

This bill amends an act relating to school boards in cities of 
the first class. By subsection 3 of Section 1 of the bill it is 
provided that "The said board of school directors shall, by resolu- 
tion to take effect not later than January 1, 1920, determine and 
fix a minimum salary for all teachers." 

Subsection 9 of section 31 of Article IV of the Constitution 
provides that the Legislature is prohibited from enacting any 
private or special law amending the charter of any city, town 
or village. 

At the present time there is but one city (Milwaukee) of the 
first class, i. e. having a population of one hundred fifty thousand 
or over, in the state. Section 925 — 1 of the statutes divides the 
cities of the state into classes according to population and provides 
that "The population, as affecting the class to which any city shall 
belong, shall be determined by the last national or state census." 
There can be no state or national census prior to January 1, 1920, 
the date upon which, under the provisions of this bill, the board 
of school directors shall determine and fix the minimum salary for 
teachers. Therefore Milwaukee is the only city to which subsection 
3 of section 1 can ever possibly apply. 

Subsection 3 of section 1 of this act is probably special legisla- 
tion amending the charter of the city of Milwaukee and within 
the condemnation of the Supreme Court in the case of Burnham 
vs. City of Milwaukee, 98 Wis. 128. 

I would therefore suggest that the Legislature immediately pass 
an act amending subsection 3 of section 1 of the bill by striking 
out the words "by resolution to take effect not later than January 
1, 1920," and inserting in lieu thereof the word "annually" and 
thereby remove any question of its unconstitutionality. 

EMANUEL L. PHILIPP, 

Governor. 

Dated March 26, 1919. 



3.20 Messages to the Legislature 

To the Honorable, The Senate: 

I herewith return Bill Number 102, S. without my approval. 
The evident purpose of this bill is to exempt the sheriff in coun- 
ties having a population of two hundred thousand or more for 
the default or misconduct in office of his jailers and deputies, 
except where such jailer or deputy acts under the express direc- 
tion of the sheriff, and to provide that in such counties each 
deputy shall give a bond and be liable thereon for every default 
or misconduct in office in the same manner and to the same extent 
as the sheriff, and that actions may be prosecuted against the 
deputy and the surety on his bond for any default or misconduct 
in office. 

In my opinion the bill does not carry out this purpose for the 
reason that the giving of a bond by the deputy is not provided for, 
at least is not made mandatory. The following language of the 
bill, "The preceding section shall also be applicable to the bond 
of each deputy" was evidently inserted for the purpose of making 
it mandatory upon the deputy to give a bond, but in my opinion 
it does not accomplish the purpose intended. Section 701 provides 
that the sheriff shall, before entering upon the duties of his office, 
execute and deposit an official bond. Section 720, being the "pre- 
ceding section" mentioned in the bill, provides only for the form 
of the bond. Therefore when the "preceding section" is made 
applicable to the bond of the deputy, it is only applicable to the 
form of the bond and does not make it mandatory upon the deputy 
to give such bond. 

If the sheriff in the counties designated in the bill is to be 
released from liability for the default or misconduct in office of 
his jailer and deputies except for acts performed under the express 
direction of the sheriff, the statute should make it clearly manda- 
tory upon the deputy and the jailer to give a bond not only in- 
demnifying the sheriff as is provided by Section 724, but also 
indemnifying anyone against all official acts of said jailer and 
deputies. 

Dated, Madison, Wisconsin, March 29, 1919. 

EMANUEL L. PHILIPP, 

Governor. 

To the Honorable, The Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 



Session of 1919 321 

Carroll Atwood, of Milwaukee, Wisconsin, to be a member of 
the Tax Commission, for the term ending on the first Monday in 
May, 1927. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated April 10, 1919. Governor. 



To the Honorable, The Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

Piatt Whitman of Highland, Wisconsin, to be Commissioner of 
Insurance for the balance of the unexpired term ending on June 
30, 1919, vice M. J. Cleary, resigned. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated April 10, 1919. Governor. 



To the Honorable, The Assembly: 

I herewith return Bill No. 29, A, without my approval. 

Under the bill the Legislature reserves to itself the right to 
remove any appointive state officer whether subject to confirmation 
or not, and irrespective of by whom appointed. 

Briefly stated, it provides for a legislative recall of public officers 
except such as are specifically provided for by the constitution. 
The statute thus far has provided for the right of removal, upon 
hearing, of public officers by the executive for certain and specific 
reasons, all of which were calculated to protect the public interest. 

This bill is an amendment to sections 13.23 and 13.24 which 
provide for an interrogation of public officers by either or both 
houses of the Legislature, and under the statute so amended the 
scope of the hearing may be said to be in a degree limited; how- 
ever, each member of the Legislature will have the privilege of 
voting for the removal of public officers for any reason that is 
satisfactory to his own mind. 

Briefly stated, under the provisions of this bill it will be within 
the power of the Legislature to remove any public officer whose 
office comes within the scope of this bill for any reason whatso- 
ever whether it be personal or political — in fact, the removal may 
be brought about by a combination of small groups of men who 
oppose the incumbent for as many reasons as there are groups. 



322 Messages to the Legislature 

Since 1900 the Legislature has created a number of commis- 
sions to which have been assigned important administrative func- 
tions. The history of the legislation which created them is not 
so old that we cannot recall the circumstances that surrounded 
these measures and the promises that were made to the people 
at the time they were created. In delegating great powers to these 
administrative bodies it has been a matter of deep concern to the 
legislators and the people that they be placed out of the reach of 
political influences. 

In the case of the Eailroad Commission the proposition to elect 
the commissioners by popular vote was rejected by the Legislature 
for the reason that the effect of their rulings may so vitally affect 
the general welfare of the people that it was deemed unwise to 
select its members by popular vote because it was generally 
believed that there was danger that special interests might, with 
the use of money and influence, affect elections. 

The bill in question may accomplish indirectly what the Legis- 
lature and the people sought to avoid at the time that the Eail- 
road Commission was created. If it is within the power of the 
Legislature to remove any member of that Commission at will 
without proving unfitness for the office, we will then have pro- 
vided a method by which private interests that may have a griev- 
ance against a commissioner because he has refused to yield to 
their demands may bring about his removal by entering the legis- 
lative campaigns and, with the use of money and influence, send 
men to the Legislature committed to the proposition of the removal 
of such commissioner. In other words, we will expose the entire 
administrative force who hold their office by reason of appointment 
to political influence, and no commissioner or officer will be safe 
in his position unless he has at all times his ear to the ground and 
is willing to barter the public interest for political influence. 

In my judgment the legislative recall of appointive officers is a 
departure from the forms of government established by our con- 
stitution, both national and state. The constitution prescribes 
the distribution of power to the different departments of govern- 
ment and the limitations upon the officers invested with the author- 
ity in each department. This distribution follows the natural 
and logical lines of the distinction between the different kinds 
of power — legislative, executive and judicial. To each branch has 
been assigned certain functions. To the executive is given the 



Session of 1919 323 

power, and upon him is placed the responsibility, for the execu- 
tion of the law. The responsibility to the people for the proper 
administration of the laws and policies laid down by the Legis- 
lature, and which are carried out by these administrative bodies, 
rests if not directly at least indirectly upon him, and I think 
properly so. 

- Our constitution in describing the governor's duties says that 
he "shall take care that the laws be faithfully executed." If 
the Legislature will assume the right to remove public officers, 
we sha]l then have a divided authority and a divided responsi- 
bility and will have destroyed the systematic process of govern- 
ment that our constitutions provide. 

I have reasons to suggest to you that this bill may be uncon- 
stitutional. The supreme court of Missouri has held that a pro- 
viso in an appropriation bill that none of the money should be 
available or paid so long as the then commissioner remained in 
office was unconstitutional because the Legislature could not say 
indirectly who should be appointed to or removed from an ap- 
pointive office. 

Another feature which I call your attention to is the fact that 
this bill provides that a public officer may be removed by a joint 
resolution of the two houses. I look upon this as a serious in- 
firmity in the proposed law. I believe such an act would be 
within the field of legislation which requires a bill which will 
afford the executive an opportunity to approve or disapprove it 
before it takes effect. The Legislature may express its judgment 
by joint resolution but the removal of an officer who has been 
appointed by the governor, by and with the advice and consent 
of the Senate, seems to go further than a mere expression of 
judgment on any subject proper to be dealt with by a mere joint 
resolution. 

In discussing this bill I should not fail to remind you of the 
fact that the principle of the recall was submitted to a vote of 
the people in the form of a constitutional amendment as late as 
1914 and was overwhelmingly rejected. Nothing has transpired 
since then that may cause us to believe that there is any radical 
change in public sentiment upon that question. 

The objections which I have stated forbid me to give this bill 
my approval. However, if I were in accord with its provisions 
I could not approve of it because of the conditions that have been 



384 Messages to the Legislature 

piv.M ribed for me by certain senators. It has been openly stated 
upon the floor of the Senate that if I would approve this bill 
my appointment of Mr. Carl D. Jackson as railroad commissioner 
would be confirmed. Consideration of his confirmation has twice 
been postponed awaiting my action upon this bill. I beg to state 
to the senators who have attempted to impose this condition upon 
me that I submitted the appointment of Mr. Jackson for con- 
firmation because I know him to be an efficient officer who has 
rendered faithful service to the people and that he is, therefore, 
entitled to confirmation. That question, however, must stand by 
itself and I shall not permit myself to be coerced into the approval 
of this or any other bill for the sake of securing legislation no 
matter how much I may desire it. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated April 16, 1919. 



To the Honorable, The Legislature: 

At the last regular session of the Legislature a bill was passed 
creating the State Council of Defense as a war aid organization. 
The Council has been in existence twenty-five months and during 
the period of the war rendered a valuable service to our state and 
country. There has b.een some discussion in the press of the cost 
of carrying on this organization, and it has been suggested that 
the Legislature should be advised regarding the expenditures. The 
following is a statement of the amounts expended and to whom 
paid. It will be observed that amounts of $100.00 and less are 
reported in a lump sum to accommodate this message: 

Name and for what amount 

Achtenburg, Laura, stenographer, salary $ 495.00 

Ballantine, Rose, file clerk, salary 437.67 

Barry, Frances L., stenographer, salary 1,194.97 

Becker, Joseph A., labor agent, salary 413.06 

traveling expenses 53.46 

Bickel, Florence S., woman's committee, traveling ex- 
penses 112.62 

Birch, Frank V., publicity, salary 337.51 

Black, John D., labor bureau, salary 213.13 

traveling expenses 10.15 

Blied, Mollie M., stenographer, salary 550.65 

Blomgren, Emma, stenographer, salary 239.52 



Session of 1919 32o 

Blumenfeld, F. D., accountant, salary. . 366.67 

traveling expenses »..-..- 5.64 

Borden, J. B., secretary, salary 1,633.31 

traveling expenses . . 20.31 

Brockhausen, Fred, council member, per diem . . . 355.00 

traveling expenses 390.15 

Burd, Henry A., secretary, salary. 3,106.69 

traveling expenses . 105.76 

Cawood, Minnie T., file clerk, salary . 279.50 

Collins, Rade M., chief clerk, salary 59 2.97 

Converse, Blair, publicity, salary ........ 325.00 

Crane, Nellie M., stenographer, salary 1,595.00 

traveling expenses 10.75 

Croty, C. W., marketing agent, salary 555.00 

traveling expenses 278.75 

Crowley, Irene, stenographer, salary. 420.00 

Damm, Frances, stenographer, salary 913.53 

Dennis, A. L. P., secretary, traveling expenses. ....... 176.26 

Doyle* J. E., field organizer, traveling expenses 315.75 

Eldredge, P. C, council member, per diem. 255.00 

traveling expenses 359.78 

Esser, Margaret, clerk, salary 283.00 

Evans, Dr. J. S., council member, traveling expenses. . . 225.63 

Eissel, Lyn, clerk salary 307.34 

Fitzgerald, Minnie, stenographer, salary 166.94 

Gage, Ruth G., publicity, salary 171.77 

Goodsitt, L. M., stenographer, salary 187.50 

Hays, Jeanette, secretary Milwaukee nurses' association, 

salary 300.00 

traveling expenses 17.60 

Hicks, J. W., marketing agent, salary 388.56 

traveling expenses 3.68 

Jones, W. P., marketing agent, salary 1,830.00 

traveling expenses . 882,66 

Kidder, Harriet L., file clerk, salary 259.45 

Law, James R., secretary Non-War Construction Com- 
mittee salary . . . 280.00 

Luedtke, Irving, Stenographer, salary 195.00 

Lyons, Grace, clerk arid stenographer, salary 587.57 

McCarthy, Charles, field organizer, traveling expenses. . 111.44 

Melville, Andres H., secretary, salary 4,166.66 

traveling expenses 176.27 

Meyer, L. E., publicity, salary 111.67 

Meyer News Service, clipping service 195.00 

Milwaukee County Nurses' Assn., rental, etc 188.07 

Moore, Mrs. L. A., secretary Milwaukee Nurses' Associa- 
tion, salary 500.00 



326 Messages to the Legislature 

traveling expenses 6.40 

Morgan, Mary P., council member, per diem 1,590.00 

traveling expenses 301.08 

Murray, Reid P., field organizer, traveling expenses. . . . 116.16 

Pixley, R. B., publicity director, salary 2,748.86 

traveling expenses 104.34 

Printing Board, paper and printing 8,765.55 

Rasmussen, N. A., war garden director, salary 295.00 

traveling expenses ' 209.65 

Reese, John M., council member, per diem 200.00 

traveling expenses 149.12 

Ryan, Helen, typist, salary 678.10 

Schein, Cecile L., stenographer, salary 827.3 3 

Scheid, Pearl, stenographer, salary. . . 175.00 

Smith, Elva L., stenographer, salary 922.45 

Starr, Ruth, stenographer, salary 100.00 

State Dept. of Engineering, services 132.64 

Supt. of Public Property, supplies and services 16,643.94 

Swenson, Magnus, council member, per diem 155.00 

traveling expenses 49 5.0 4 

Thompson, Mrs. E. C, Asst. secretary, salary 1,100.00 

traveling expenses . . . : . . 384.48 

Van Scoy, A. T., council member per diem . 460.00 

traveling expenses . 708.47 

Waggoner, Eva M., stenographer, salary 360.65 

Western Newspaper Union, newspaper plate 3,712.56 

Wheeler, J. R., council member, per diem ; . 295.00 

traveling expenses 263.70 

Wildeman, Anna, stenographer, salary 220.89 



$69,775.76 
Miscellaneous payments, less than $100.00 to one person 4,208.49 



Total expenditures of State Council of Defense $73,984.25 

It should be borne in mind that Wisconsin was the first state 
in the Union to organize a Conncil of Defense, and it may be 
interesting to note what a similar service, although organized at 
a later date, has cost other states. In order that you may have 
this information I give you the comparative figures as they have 
been gathered by the Secretary of our own Council: 

Missouri $ 69,000.00 

Wisconsin 69,495.00 

Colorado 71,500.00 

Indiana 82,685.00 

New Hampshire 94,000.00 



Session of 1919 Wl 

California 105,000 00 

Rhode Island 150,000.00 

Illinois 165,000.00 

Ohio , . 179,000.00 

Connecticut 200,00000 

West Virginia 240,000.00 

New Mexico 245,000.00 

Maryland 735,000.00 

Massachusetts 800,000.00 

Minnesota 800,000.00 

New York 911,900.00 

Pennsylvania 1,750,000.00 

Michigan . 2,600,000.00 

There still remains some work for the Council to do. The cost 
of the organization has been reduced to the salary of a secretary 
and a marketing agent. The statement of expenditures shows 
several items of expense for a marketing agent and I submit the 
following statement as the result of this activity: 
Total sales made by the marketing department to 

March 31st, 1919 $210,694.00 

Lange Canning Company, Eau Claire, Wis., 80,000 

lbs. hand picked navy beans at 7y 2 c per lb 5,800.00 

Jamison Bros., Poynette, Wis., 8,250 lbs. screened 

navy beans at 6^c per lb 536.25 

J. P. Hebert, Chippewa Falls,. Wis., 180,000 lbs. Scotch 

. peas at 3% c per lb -,. 6,755.00 

Westfield Farmers Produce Exchange, Westfield, Wis., 

600 bags seed potatoes at $1.20 per bushel. . . . 720.00 

Chippewa county farmers, 400 bushels seed potatoes 

at $1.20 per bushel........ 480.00 



$224,985.25 

The above department devoted its time to the securing of seed 
and the sale of country produce for which it was difficult to find 
a market at the time the sales were made; also to the purchase 
of produce for municipal markets. There remains about 250,000 
pounds of navy beans and 3,000,000 pounds of dried peas in the 
state yet to be marketed, which this department is endeavoring 
to handle. 

I would not wish to dismiss this subject without calling your 
attention to the fact that there was a well organized Council of 
Defense in every county of this state and that by far the largest 
per cent of the service was rendered by the people without cost. 



328 Mkss\<;ks to tim: Legislature 

The record gi the institution will stand as a lasting evidence of 
the tine patriotic spirit of the people of our state during the period 
of the war. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, May 21, 1919. 



To the Honorable, The Senate: 

Pursuant to the statute governing I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

Lieutenant C. L. Harrington, of Hurley, Wisconsin, to be a 
member of the State Conservation Commission of Wisconsin for 
the term ending on the first Monday in February, 1923, to succeed 
Frank B. Moody, deceased. 

Respectfully submitted, 

EMANUEL U PHILIPP, 

Governor. 
Dated, May 22, 1919. 



To the Honorable, The Senate: 

Pursuant to the statute governing I hereby nominate, and by 
and with the advice and consent of the Senate, appoint 

John A. Hazlewood, of Jefferson, Wisconsin, to be a member 
of the State Highway Commission for the term ending on the 
first Monday in February, 1925. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, May 22, 1919. Governor. 



To the Honorable, The Assembly: 
I return herewith, without my approval, Bill No. 215, A., 
This bill first reached me on April 22, 1919, at which time I 
pointed out my objections to it to the friends of the measure aiad 
it was returned to your Honorable Body on April 30, 1919, pur- 
suant to Joint Resolution No. 79, A. for the purpose of amend- 
ment. 

It seems that after the bill was returned it was not amended 
but was repassed in its original form and was again received by 
me on May 22nd. 



Session of 1919 329 

This bill amends the horse shoers lien statute, being Chapter 
260 of the Laws of 1905, now sections 3347e to 3347q, inclusive, 
of the statutes. 

Under the terms of the bill a veterinarian has six months after 
rendering his services within which to file notice of his lien. 

Under section 3347m of the statutes if any animal upon which 
a veterinarian's lien is claimed shall be transported out of the 
state, secreted, killed, sold or incumbered, the owner of the prop- 
erty and each purchaser thereof or person acquiring any interest 
therein during the pendency of such lien shall be liable to the 
veterinarian for the full amount of his lien. 

This would make it possible for the veterinarian to recover the 
full amount of his lien from any person purchasing or acquiring 
any interest in an animal against which the veterinarian had a 
lien, although there might be no public record of such lien for 
the period of six months after the services were performed by 
which the purchaser could ascertain the existence or non-existence 
of any such lien. 

Furthermore, the purchaser of such animal or the person ac- 
quiring any interest in such animal would be liable for the full 
amount due the veterinarian irrespective of the value of the 
animal so purchased or of the interest in such animal so acquired. 

This last provision would render the law unconstitutional under 
the decision in Kogers-Euger Co. vs. Murray, 115 Wis. 267. 

It was these objections that I pointed out to the friends of the 
bill and suggested that it be so amended as to overcome them. 

The bill, however, not having been amended, I cannot give it 
my approval for the reasons above stated. 

Bespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, May 28, 1919. 



To the Honorable, The Assembly: 

I herewith return, without my approval, Bill No. 347, A. 

This bill,, if it becomes a law, will reverse the Supreme Court 
of this state in the case of Stryk vs. Mnichowics, 167 Wis. 265. 

In that case a parent, for the purpose of securing employment 
for his son, represented to the employer that the son was over 
sixteen years of age when in truth and in fact the son. was but 



330 Messages to the Legislature 

fourteen years of age. Belying upon this representation the son 
was employed and put at work at an employment which was for- 
bidden to persons under sixteen years of age. The son was in- 
jured and recovered damages against the employer by reason of 
his having been put at work in the forbidden employment. 

An action was then begun by the employer against the father 
to recover the damages paid the son on the ground that the father 
had induced the employment of the son at the forbidden employ- 
ment by false representations. 

Speaking for the majority of the Court, Chief Justice Winslow 
said: "The rule that a minor, suffering an injury while engaged 
in an employment which the law forbids him to engage in on 
account of his age, cannot be barred of his recovery nor subjected 
to an action or counterclaim for damages because he misrepre- 
sented his age when he was employed, does not apply to the 
father or other third person upon the faith of whose false repre- 
sentations the minor was employed. The law prohibiting the em- 
ployment of children of tender years at dangerous occupations is 
for the protection of the children themselves, and public policy 
forbids that they should be capable of dispensing with its provis- 
ions. The same consideration, however, does not apply to the 
act of the parent. No good reason is perceived why he should not 
answer for his wrong." 

With this reason and logic I fully concur and, therefore, can- 
not permit the Court to be reversed by the Legislature with my 
sanction and approval. 

When the employer is subjected to a fine for putting a minor 
employe under certain ages in certain forbidden employments 
and is also deprived of certain valuable defences in case such minor 
is injured while so employed, the employer certainly ought to be 
entitled to some evidence on which he can safely rely as to the 
age of such minor. 

It is said that the employer should satisfy himself in some of 
the methods pointed out by the statute or by other reliable evidence 
that the minor is of employable age. 

There are many situations in which it would be impossible for 
the employer to ascertain the age of the minor in the manner 
pointed out by the statute. The minor may not have had a birth 
or baptismal certificate, or he may never have attended school, 
or he may have been born, baptized or educated in another state 



Session of 1919 331 

or foreign country, in all such cases the evidence as to his age 
would not be available to the employer. 

If the employer relies upon such minor as to his age he does 
so at his peril. (Pinoza vs. Northern Chair Co., 153 Wis. 473; 
Stetz vs. F. Mayer B. & S. Co., 163 Wis. 151.) 

There is no more reliable evidence as to the age of a minor 
than that of the minor's parent or guardian, and if the employer 
relies upon such evidence in employing the minor and such evi- 
dence is wilfully false why should not the parent or guardian be 
liable to the employer, at least to the extent that the employer 
has been damaged by reason thereof? 

I can perceive no good reason or sound public policy which 
would justify me in giving this bill my approval, and thereby 
permitting the parent or guardian to escape liability for his wil- 
fully false or fraudulent representations. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 



To the Honorable, The Senate: 

I herewith return without my approval Bill No. 36, S. for the 
reason that the bill is not so worded as to accomplish the purpose 
intended. 

It was undoubtedly the purpose of the bill to cause to be re- 
corded in the office of the register of deeds of some county of this 
state the certificate of discharge of every soldier, sailor or marine 
who was in the service of the United States in the war between 
the United States and Germany and her allies. 

The bill, however, is so worded that only soldiers, sailors and 
marines who fought with Germany and her allies could have such 
certificates recorded. 

When my attention was called to the wording of this bill, I 
had a joint resolution prepared recalling the bill for the purpose 
of amending it by striking out the word "with" in the second line 
thereof and substituting therefor the word "against", or some 
similar amendment, but the Assembly had adjourned to June 3, 
1919, before such resolution could be acted upon. 

As I cannot constitutionally retain the bill in my possession 
longer than today, I am compelled to return it without my ap- 
proval, but with the suggestion that a new bill be prepared and 



SS2 Messages to the Legislature 

passed which will accomplish the very laudable purpose intended 
to be accomplished by this bill. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
May 29, 1919. 



To the Honorable, The Assembly: 

I herewith return without my approval Bill No. 30, A. 

This bill is so worded that it is extremely difficult to correctly 
arrive at its true intent and meaning. 

Section 1 of the bill repeals Section 4553m of the Statutes. 
The Section so repealed makes it unlawful throughout the state 
for any district attorney, assistant district attorne}-, city attorney, 
assistant city attorney, or any person holding a judicial office, to 
be retained or employed by a common carrier or a public utility 
corporation. 

Section 2 of the bill makes it "unlawful for any district attor- 
ney or assistant district attorney, or any person holding a judicial 
office in the state, the mayor, city comptroller, city treasurer, 
city attorney, or their assistants, city clerk, Commissioner of Public 
Works, or any alderman of any city of the first class" to do certain 
things. 

If we should read no further, it might well be contended that 
the w T ords "or any city of the first class" modified and was limited 
to "any alderman." 

But when we read the balance of the bill, we find that the fore- 
going quoted provisions are immediately followed by "who in the 
performance of his duties as such officer or employe of any city 
of the first class may require or have power to act for such city 
in any contractual relations between such city and a corporation 
* * * which owns or operates a street railway or public utility in 
such city." We also find several other provisions in the bill all 
relating to "such city." 

When we take into consideration the whole language of the bill, 
as we must in arriving at its true meaning, there is but one 
conclusion to be arrived at, namely: that the mayor, city comp- 
troller, city treasurer, city attorney, or their assistants, city clerk, 
commissioner of public works and aldermen of Milwaukee only, 
are prohibited from doing the things enumerated in the bill, 



Session of 1919 333 

while all sucli officers and employes outside of the city of Mil- 
waukee are not prohibited from doing them. 

It is probably true that the phrase "any city of the first class" 
does not reach back and modify the words "district attorney or 
assistant district attorney, or any person holding a judicial office 
in the state." Under the bill, no district attorney or assistant 
district attorney, or judicial officer is prohibited from doing any 
of the acts specified in the bill, so far as street railways and public 
utilities are concerned, unless he is required or has power to act 
for a city of the first class in some contractual relations between 
the city and such street railway or public utility. As neither dis- 
trict attorneys, assistant district attorneys nor judicial officers are 
required or have power to act in such matters, no restriction is 
placed by the bill upon them as to street railways or public utilities 
and it is extremely doubtful if there are any as to common carriers. 

It is certain that the bill would permit city attorneys and 
their assistants in all cities of the state outside of Milwaukee to 
be retained or employed by common carriers and public utilities. 
This alone is sufficient, if there were no other objections to the 
bill to compel me to withhold my approval of it. I can not believe 
that the Legislature intended to repeal the present statute which, 
as before stated, makes it unlawful for any district attorney, 
assistant district attorney, city attorney, assistant city attorney, 
or judicial officer in the state to be retained or employed by a 
common carrier or public utility corporation and to make such 
retainer or employment unlawful in Milwaukee only. 

Furthermore, it would undoubtedly be unconstitutional to make 
an act a crime if committed within the city of Milwaukee and not 
a crime if committed elsewhere in the state. 
Eespectfully submitted, 

EMANUEL L. PHILIPP, 

June 3, 1919. Governor. 



To the Honorable, The Assembly: 

I herewith return, without my approval, Bill No. 391, A. 

This bill would authorize and empower any city to establish 
and operate depots and plants for the purchase, preparation or 
manufacture and distribution of milk and as incidental thereto 
all other dairy products, including buttermilk, skim milk, cheese, 
butter and ice cream. 



334 Messages to the Legislature 

At the 1917 session of the Legislature a bill, No. 482, A., was 
passed authorizing any city to buy and sell to the inhabitants 
thereof any of the common necessities of life. On May 15, 1917, 
1 returned this bill to the Legislature without my approval, giving 
as my reasons therefor that "The Legislature has no constitutional 
authority to grant such power to cities; neither have the cities the 
constitutional authority to engage in such business, because the 
business is not public in the constitutional sense, neither is it one 
of the functions of the government to engage in such business." 

I then cited and quoted from a number of Supreme Court 
decisions sustaining such contention, and then said, "There is no 
authority in this country contrary to the expression of the courts 
in the foregoing cases. It is universally conceded that munici- 
palities cannot engage in business such as this bill contemplates. 
* * * i am s0 c i ear iy f the opinion that the bill is unconsti- 
tutional that I cannot give it my approval." 

What I then said with reference to Bill No. 482, A., applicable 
to the bill now under consideration and I respectfully refer your 
Honorable Body to the veto above referred to which will be found 
on page 1077 of the Assembly Journal of 1917. 

No case has been decided by the courts of any state since my 
message of 1917 which in any way modifies or changes the cases 
therein cited. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, June 4, 1919. Governor. 



To the Honorable, The Senate: 

I herewith return, without my approval, Bill No. 420, S. 

If this bill became a law it would conflict with Section 5.28. 
That section provides that a person may decline a nomination by 
filing a written declination not less than nine days before election 
and that in case of the death or declination of a candidate the 
vacancy may be filled by filing a certificate with the proper officer 
eight days before election which "when so filed shall have the 
effect of an original certificate." That is, the filing of such cer- 
tificate eight days before election shall entitle the new nominee to 
have his name printed upon the official ballot. 

This may now be done as the ballots need not be printed and in 
possession of the county clerk until four days before election. 



Session of 1919 335 

If, however, this bill should become a law, the ballots would 
have to be printed and in possession of the county clerk two 
weeks or more before election. 

If, therefore, Section 5.28 remains unchanged and this bill be- 
comes a law, whenever a candidate should die or decline the nom- 
ination between the time when the ballots are required to be 
printed and nine days before the election, and such vacancy was 
filled eight days before election, the new nominee could not have 
his name printed on the official ballot, as they would have been 
already printed and in the possession of the county clerk. The 
only way for the new nominee to get his name on the ballot 
would be by pasters. This would, however, deprive him of his 
rights under Section 5.28 and place him in the same class as nom- 
inees who are nominated to fill vacancies occurring within four 
days of the election. 

It would be impossible to harmonize the two sections; one pro- 
vides that the new nominee if nominated eight days before elec- 
tion is entitled to have his name printed upon the official ballot, 
while the other provides that the ballots containing the name of 
the old nominee shall be printed and in the possession of the 
county clerk before the new nomination is made. 

Any attempt to harmonize these two sections would require 
the destruction of the printed ballots and the printing of others 
containing the name of the new nominee. This, however, would 
not comply with Section 6.25 as amended as the ballots used at 
the election would not then have been in the hands of the county 
clerk two weeks or more before election. 

Undoubtedly it was the purpose of the author of this bill to 
make the same fit in with Section 5.28 as it was sought to be 
amended by bill No. 359, S., but as that bill has been defeated 
this bill should also have been defeated. 

Furthermore, by this bill, the date for the ballots to be printed 
and in the possession of county clerks at general election is a 
fixed date, "the third Tuesday of October," whereas the date of 
the general election is a movable date, "Tuesday next succeeding 
the first Monday of November." I am advised by the Secretary 
of State that if this bill had been the law at the general election 
in 1918 it would have given the county clerks but three days to 
prepare and have printed the ballots. This, of course, in most 
cases, is too short a time to permit of its being done. 



336 Messages to the Legislature 

For the reasons above indicated I feel that I cannot give this 
bill my approval. 

Kespectfully submitted, 

EMANUEL L. PHILIPP, 
June %, 1919. Governor. 



To the Honorable, the Senate: 

I herewith return without my approval bill No. 210, S. 

This bill is so vague, indefinite and uncertain that I cannot ap- 
prove of it. 

This bill was returned to your Honorable Body on May 20, 1919, 
pursuant to Joint Kesolution 69, S. I suggested to the friends 
of the bill that it be recalled and so amended as to make it definite 
and certain. The bill, however, has been returned without amend- 
ment. 

The bill provides that "the County Board of Supervisors of any 
county having a tuberculosis sanatorium or contemplating the con- 
struction of one, etc." 

When can the County Board of Supervisors be said to be "con- 
templating the construction" of a tuberculosis sanatorium? The 
bill does not provide that they shall take any official action in the 
premises or that any record shall be made of their contemplation. 

It is not the purpose of the bill to make the same apply to all 
counties in the state else the term "any county in the state" would 
have been used. It was its evident purpose to divide the counties 
in the state into two classes: First, those that had tuberculosis 
sanatoriums and, second, those that were contemplating the con- 
struction of them, but, as above stated, the second class is vague, 
indefinite and uncertain. 

The bill further provides that counties "may establish an out- 
patient department of such sanatorium or may establish a general 
health dispensary." What is meant to be included within the term 
"general health dispensary?" There is nothing in the bill defining 
it nor anything which would make it obligatory to establish one, 
whatever it might be, in connection with a tuberculosis sanatorium. 

Again, the bill provides that the "out-patient department or 
dispensary may be under the supervision of the board of trustees 
of the tuberculosis sanatorium, or a special board where no sana- 
torium has been established." There is no provision as to whose 
supervision such out-patient department or dispensary shall be 



Session m 1919 337 

under in counties where there are tuberculosis sanatoriums. The 
bill provides they may be placed under the supervision of the trus- 
tees of the sanatorium, but there is no provision as to whose super- 
vision they shall be under in case they are not so placed. Mani- 
festly they were not to be placed under the special board provided 
for in the act as the supervision of the special board is to be in 
those counties only "where no sanatorium has been established." 

Such out-patient departments and dispensaries should both be 
established, if they are to be established, only in connection with 
tuberculosis sanatoriums and be under the supervision of the board 
of trustees of the sanatorium. 

The establishment of out-patient departments and general health 
dispensaries are so important to the state and to the counties that 
the terms of the act establishing them should not be couched in such 
vague, indefinite and uncertain language as is contained in this 
bill. 

Eespeetfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

June 9, 1919. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint 

Piatt Whitman of Highland, Wisconsin, to be Commissioner of 
Insurance for the term ending June 30, 1923. 

Eespeetfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated June 10, 1919. 



To the Honorable, the Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the senate, appoint 

B. J. Castle, of Madison, Wisconsin, to be a member of the State 
Civil Service Commission, for the term ending June 21, 1925. 

Eespeetfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated June 10, 1919. 



338 Messages to the Legislature 

To the Honorable, the Assembly: 

I return herewith bill No. 175, A., without nry approval. 

The purpose of this bill is to give the Common Council of Mil- 
waukee the right to prescribe for all members of the police force 
such rest days as it shall deem advisable. 

I do not understand that the hours of labor demanded of this 
force are now unreasonable. However, if further concessions can 
justly be granted it should be done by the Chief of Police and the 
Fire and Police Commission, who are responsible to the people for 
the police protection of the city. 

Milwaukee has been fortunate in its police protection because 
the department has been kept out of politics. This was made pos- 
sible by the creation of a non-partisan commission. It is clear, how- 
ever, that under this bill the non-partisan control of the police 
force would be broken down and the discipline would become a 
matter of political interference and would be used as an issue bv 
men. who wish to be elected to the Common Council. 

I would regard such a situation as a backward step by the citv 
and I am, therefore, unwilling to approve of this bill. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated June 10, 1919. Governor. 



To the Honorable, the Senate: 

I herewith return without my approval bill No. 237, S. 

This bill does not change, at least very materially, the Work- 
men's Compensation Act as interpreted by the courts, relative to 
personal injuries accidentally sustained by an emplo}^ee, which 
necessitates surgical treatment, but it does very materially change 
that act pertaining to medical treatment. As regards medical treat- 
ment it gives the employee the option of having Christian Science 
treatment instead of treatment by a regular physician and not 
only binds the employer to pay therefor but forbids such employer 
from making any claim that the injury was created, aggravated, or 
prolonged by reason thereof. 

I have no quarrel with a person of mature years who prefers 
Christian Science treatment so long as he alone assumes the re- 
sponsibility therefor but when he seeks, as this bill does, to pass 
such responsibility on to his employer and through him to the public 
in the cost of production, I cannot give it my sanction. 



Session of 1919 339 

Under the Workmen's Compensation Act there is a "mutuality 
of interest between employers, employees and the public, and each 
is charged with the duty of promoting the mutual interest." 

Therefore when an employee by his conduct creates, continues 
or increases his claim for compensation from his employer and 
thereby casts the burden upon society in general it is utterly re- 
pugnant to all principles of law and abhorrent to that sense of 
justice common to all mankind. 

It may be said that few injuries under the Workmen's Com- 
pensation Act are of such a nature that they require medical as 
distinguished from surgical treatment. But if Christian Science 
treatment is engrafted into the act and the act is later amended 
to cover occupational diseases there will be a large number, pos- 
sibly a majority of cases which would come within the provisions 
of this type of treatment. 

The physician, in the first instance, determines as between the 
employer and the employee whether or not there is a disability and 
whether such disability is partial or total; also when the period of 
disability ends. 

Under the act an employer can compel the employee to "sub- 
mit from time to time to examination by a regular practicing 
physician." It is safe to say that in a great majority of cases, a 
dispute would arise between the physician and the Christian Science 
healer over the question of disability, the period of disability, and 
whether the same is partial or total. Such dispute would lead to 
frequent and prolonged hearings before the Commission and litiga- 
tion in the courts which would be both unfortunate and expensive. 

This bill does not provide that the injured employee may, at 
his option, take Christian Science treatment in addition to other 
medical treatment, but the former is to be in lieu of the latter, and 
the liability by way of compensation, in case the same is not suc- 
cessful, is borne not by the employee, but by the employer, and in 
the final analysis by the consuming public. 

If this bill had provided that employees who desire Christian 
Science treatment in case of injury give notice to the employer 
to that effect prior to the time of the injury so that the employer 
would know what type of medical treatment the employee insisted 
upon, I would have no objection to the bill because the employee 
would then have due notice and could discontinue the employment 



340 Messages to the Legislature 

of such person if he was dissatisfied with the conditions insisted 
upon by the employee. 

For the foregoing reasons I feel that it is not for the public 
interest that this bill should become a law and I therefore withhold 
my approval of it. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, June 11, 1919. Governor. 



To the Honorable, the Senate: 

I return herewith, without my approval, bill No. 489, S., an 
amendment to section 1 of chapter 608, of the laws of 1913, relating 
to the sewerage commission in cities of the first class. 

It is the purpose of this bill to permit the mayor of the city of 
Milwaukee to appoint the chief engineer of that city as a member 
of the sewerage commission, without confirmation by the council. 

The commission was created under the original act by appoint- 
ment by the mayor and confirmation by the council. It is the 
evident purpose of the law under which this commission was ap- 
pointed that it should be non-partisan and non-political. The 
project of building a new sewerage system is one that cost the 
city of Milwaukee large sums of money and there is a public de- 
mand that the work should remain free from political influences. 

Pursuant to authority conferred in the act, the mayor appointed 
Messrs. George P. Miller, Theodore Vilter, Michael Carpenter, 
Conrad Neiderman and George H. Benzenberg as members of this 
commission. These gentlemen are well known citizens of Milwau- 
kee, all of them men of high reputation, whose integrity and ability 
is not questioned by the citizens. All are members now except 
George H. Benzenberg, who resigned some time ago, and I am 
advised that he left the service because he is an engineer and felt 
that he could not give the work the time that it requires. The 
commission appointed a chief engineer of known ability and the 
work has been going on for a number of years. 

The system of sewerage disposal that is being installed has been 
tested in Milwaukee by the best experts that were obtainable, 
under the direction of the commission's engineer, and the work 
is well under way. The charge of incompetency either on the part 
of the commission or its engineer has not been proven and, so far 
as I know, has been alleged only by the mayor. 



Session of 1919 341 

The representation was made here that an intercepting sewer 
had been built at a large cost which proved to be of faulty con- 
struction. This charge was tried in the federal court of Milwau- 
kee in an action brought by the contractor and it was held that the 
responsibility for the defects rested upon the contractor and that 
it was not the fault of the plans furnished by the commission's 
engineer. In other words, the sewer was not built according to 
specifications. 

The members of the commission appeared before me and pro- 
tested against the appointment of the city engineer on the ground 
that the commission's engineer has proven himself thoroughly 
competent and that the addition of the city's engineer could serve 
only a meddlesome purpose. It was further stated that the city 
engineer had no desire to become a member of the commission. 

I have great confidence in the judgment of the men on the 
commission and I feel certain that the high regard in which I 
hold these men is shared by the citizens of Milwaukee. They are 
giving their labor free of charge and I shall not agree to any 
legislation that will interfere with their work unless it is proven 
that they, or the engineer whom they are supporting, are guilty 
of incompetency or neglect. 

This bill was considered by the Common Council of Milwaukee, 
a body that no doubt is thoroughly familiar with the work of the 
sewerage commission, and was rejected. 

For the above reasons I feel compelled to return this bill to you 
without my approval. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, June 13, 1919. Governor. 



To the Honorable, the Senate: 

I herewith return without my approval bill No. 423, S. 

If this bill should become a law, it would prevent any candi- 
date from declining a nomination unless such declination were made 
the day following the last day for filing his nomination papers. 
This under bill 415, S., would be the last Tuesday of July. 

The bill also provides that if a nominee does or declines a nom- 
ination, the vacancy must be filled not later than the first Tues- 
day in August and when so filled shall have the same effect as 
an original nomination, i. e., the new nominee shall have his name 



342 Messages to the Legislature 

printed on the official ballot. Bnt if a vacancy occurred by death 
after the first Tuesday of August and before the printing of the 
ballots, there should be no method by which such vacancy would 
be filled, until after the ballots were printed and then the name of 
the new nominee would have to be pasted on the printed ballots. 

1 can conceive of no good purpose which could be served by 
compelling a nominee, if he wishes to decline the nomination, to 
do so the day following the filing of his nomination papers. Neither 
can I see any reason for preventing the filling of a vacancy oc- 
casioned by the death of the nominee between the first Tuesday 
of August and the printing of the ballots. 

In my opinion, it would be more satisfactory to leave the statute 
as it is than to amend it in the manner provided in this bill. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, June 17, 1919. Governor. 



To the Honorable, the Senate: 

I return herewith bill jSTo. 524, S., without my approval. 

This bill appropriates $107,000.00 for the next biennium for 
new additions to the Industrial Home for Women located at 
Taycheedah, Wisconsin. 

The institution at Taycheedah was authorized by the Legisla- 
ture of 1913. The appropriations were made, the grounds pur- 
chased and the building plans accepted prior to 1915 when I be- 
gan my services as governor of the state. I make this statement 
because the Legislative Investigating Committee in its report 
severely criticized the amount paid for the grounds and left it 
to be understood, by inference at least, that my administration 
was responsible for it. 

The construction has been interrupted by the war. During 
the war period much of the material used was commandeered by 
the government and was therefore unobtainable. Labor was largely 
engaged in war activities and the state's desire to pursue a public 
building policy that met the wishes of the government forbade the 
construction of buildings during that period. I am informed that 
all will be in readiness this fall and that the institution will be 
prepared to receive fifty-five inmates. 

I have, since the beginning of my term of office, felt that this 
institution is largely experimental and that there is in fact no 



Session- of 1919 343 

pressing need for it. It is planned to provide a place for the 
correction of women who are sentenced by the courts for committing 
a felony, except murder, or are guilty of a misdemeanor or vagrancy, 
including such women as may have acquired drug habits or have 
lived an immoral life. The latter class are supposed to furnish 
the larger number of inmates. 

The state maintains an institution at Milwaukee for the cor- 
rection of wayward or incorrigible girls. Therefore those who 
are still within the age at which the state may reasonably expect 
to bring about a reformation are already .provided for, although 
the law under which this institution is created permits the com- 
mitment of inmates as low as sixteen years of age. It seems to 
me that girls of that age had better be committed to the Milwau- 
kee institution rather than force them into the association of the 
type of criminals that this institution is directed to receive. 

The state prison at Waupun is equipped with separate apart- 
ments for women prisoners and at this time contains only twenty- 
seven. Of that number seven are sentenced either for life or long 
terms, and two are habitual criminals. The House of Correction 
at Milwaukee contains twenty-six female inmates, according to the 
last report. 

It seems to me that the better method to care for women who 
are violators of the law is either under the probation or parole 
system, and it is the general policy of the courts to use the pro- 
bation system in practically all cases that hold out any hope for 
reform. It is fatal to a woman's reputation to become an inmate 
of a penal institution. Although we refer to the institution at 
Taycheedah in polite terms it is a penal institution nevertheless, 
and a woman who serves a term there will, when she has completed 
her sentence, be accepted into society with no better grace than the 
woman who is discharged from Waupun. 

The buildings that have been erected are beautiful and suggest 
that it was the purpose of the promoters of this institution to 
place the inmates committed to it in extraordinarily luxurious 
surroundings. Christian thought forbids that I criticise any effort 
made to retrieve a fallen woman. However, compared with other 
institutions and with what was really necessary for the purposes 
intended, it looks as if the state was going out of its way to reward 
immorality. 

In contrast, for the mother who has lived an honest life and 



344 Messages to the Legislature 

who has brought a family of children into the world and labored 
hard and earnestly for them, and who through some circumstance 
becomes a dependent in her old age, the best that we have to offer 
to her is either a poorhouse or a home for the aged maintained 
by charity. The same prospect awaits the honest working girl 
who remains single and does not accumulate enough to care for 
her in her old age. But to the woman who has lived a life of 
crime, we offer a palace with no harder condition than the mere 
promise that she will sin no more. 

I draw this comparison because I believe that the state's aid 
should first go to those who richly earned it. 

The purposes of the law must be carried out, however I cannot 
agree to an expansion of this institution for the present. The 
capacity, that we have is, I believe, sufficient to carry on the ex- 
periment which we are making. If after a year or more has elapsed 
the results are found to be satisfactory to the people, it will be 
soon enough to spend additional sums for enlargement. 

For the reasons that I have stated I decline to approve this bill. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, June 17, 1919. Governor. 



To the Honorable, the Senate: 

I return herewith bill No. 474, S., without my approval. 

Under the provisions of this bill complete control will be given 
to the Milwaukee County Board of Supervisors over the Board 
of Administration, which has charge of the charitable institutions 
of that county. 

My objections have been at least partially stated in my veto 
of bill No. 364, S. I will add, however, that I can conceive of 
no service that the Milwaukee County Board of Supervisors can 
render that will be of substantial aid to the Board of Adminis- 
tration which it seeks to control. If the Board of Administra- 
tion is going to be of value to the institutions which are placed 
under its charge its acts should not be made subservient to the 
wishes of the County Board of Supervisors. If its acts and con- 
tracts are all subject to approval by the County Board then the 
Board of Administration becomes a mere clerical force and the 
work of administering the institutions may as well be undertaken 
by the County Board in the first instance. 



Session or 1919 345 

The management of charitable institutions is a specialty that 
requires a knowledge which can be obtained only through ex- 
perience and men who are engaged in that service should devote 
their entire time to the study of the needs and best interest of the 
people who are committed to their care. Successful management 
presents several problems. On the business side much money can be 
saved in careful purchases and with a good knowledge of the sup- 
plies that are really required. 

There is a humane side which is at all times entitled to very 
careful consideration. The people who are committed to the in- 
stitutions are helpless. They are hardly able to demand any- 
thing for themselves but must rely wholly upon the generosity 
of those in whose care they have been placed. The medical care 
is also a matter of great importance. 

The difficulties of these problems makes it imperative that these 
institutions be placed in charge of men who are devoted to them 
and their management should not be hampered by the interference 
of authorities that give the work only casual attention and who 
do not understand their actual requirements. 

Like bill No-. 364, S., this bill seeks to remove all state super- 
vision over the institutions in question. 

For the above reasons I return this bill to you without my ap- 
proval. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, June 23, 1919. Governor. 



To the Honorable, the Senate: 

I return herewith bill No. 364, S., without my approval. 

This bill and bill No. 474, S., which may be referred to as a 
companion bill, seek to place Milwaukee County's institutions en- 
tirely under the supervision of the Milwaukee County Board of 
Supervisors. 

The Board of Administration of Milwaukee County was created 
by act of the Legislature of 1915. The law provides that it shall 
consist of five members, three of whom shall be appointed by the 
County Board and two by the Governor. 

This bill places the power of appointing the members of this 
board entirely in the hands of the County Board, which would 
leave the state without any representation. 



346 Messages to the Legislature 

This new form of institutional government was created for the 
purpose of co-ordinating the management of the institutions af- 
fected by it and in the interest of greater economy in their ad- 
ministration. 

Prior to the creation of the Board of Administration the Hospital 
for Mental Diseases was governed by a board of five men who 
were appointed by the Governor, the Asylum for Mentally Diseased 
was governed by a board of five men, three of whom were appointed 
by the County Board and two by the Governor. Muirdale Sana- 
torium is a new institution and did not come into operation until 
the Board of Administration took office. 

The experience of managing the institutions in question by a 
smaller board has proven satisfactory and I am of the opinion that 
the membership can be reduced to a board of three men who shall 
devote all of their time to the institutions. This should be done in 
the interest of greater economy and I am of the opinion that a 
more concentrated responsibility, and the further fact that the mem- 
bers be directed to devote their entire time to the service, will fur- 
ther improve the administration. 

I am, however, not willing that the Board of Administration 
shall be made subservient to the orders of the Milwaukee County 
Board of Supervisors, nor will I agree to the proposition that the 
state shall be without representation. In view of the large amount 
of money contributed by the state to the support of the institutions 
that are affected I maintain that the state has an unquestionable 
right to demand representation. It may be of interest that I 
state for comparison the amounts of money contributed in 1918 
by the county and by the state: 

Paid by the Paid by the 
County State 

Asylum for Mentally Diseased. . .$ 76,625.40 $ 70,209.15 

Hospital for Mental Diseases 65,339.36 63,632.76 

Muirdale Sanatorium 116,072.94 59,345.71 



$258,037.70 $193,187.62 

It will be observed that of the total amount of money expended 
the state has contributed approximately 43 per cent. If the board 
is reduced to a membership of three it would seem to be only fair 
that one member should be appointed by the Governor in order to 



Session of 1919 347 

give the state representation and some supervision over the expendi- 
ture of so large a sum of money. 

Milwaukee County will not he in position to appeal to the gen- 
erosity of the state in the aid of its charitable institutions if it 
entirely closes its doors to any and all participation by the state 
in the control of the expenditures. 

No good reason has been advanced that I know of in support 
of this bill in its present form. I can conceive it to be nothing more 
than a desire on the part of the Milwaukee County Board of Super- 
visors to further extend their control over the affairs of the county 
and its expenditures of money. I believe it to be the will of a 
majority of the tax payers of the city and county that the broad 
powers which they now have over the expenditures should be cur- 
tailed and made more responsive to the will of the people. 

For the above reasons I return this bill without my approval. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, June 23, 1919. Governor. 



To the Honorable, the Assembly : 

I herewith return without my approval bill No. 569, A. 

This bill seeks to change the method of selecting the jury list in 
Milwaukee county. 

The law substantially as it now stands, was the first enacted in 
1889 and applied to Milwaukee county only. This law gave such 
general satisfaction that in the revision of 1898 its provisions were 
extended throughout the state. As a state-wide method of drawing- 
jurors, the present law has given universal satisfaction and there 
is no demand from the courts of Milwaukee county, or any other 
county, so far as I know, for any change. 

Under the present law, the jury commission put on the list of 
jurors they furnish the clerk only the names of such persons as they 
believe to be "citizens of the United States who are qualified electors 
of this state, who are possessed of their natural faculties, who are 
not infirm or decrepit, who are esteemed in their community as 
men of good character, approved integrity and sound judgment, and 
who are able to read and write the English language understand- 
ingly." 

Under the method proposed by this bill, the names of all those 
who voted in Milwaukee county at the last general election are 



318 Messages to the Legislature 

written on separate slips of paper, placed in a box, and then the 
names drawn at random from the box. The names of the ones first 
drawn are placed on the list furnished to the clerk provided that 
if any name so drawn "to the knowledge of any of the commis- 
sioners" does not possess the qualifications hereinbefore enumerated 
such name may be summarily rejected. 

It is a physical impossibility for any three persons who may con- 
stitute the jury commission in Milwaukee county to know whether 
the persons whose names are drawn from the box under the proposed 
method are possessed of their natural faculties, whether they are 
infirm or decrepit, whether they are esteemed in their community 
as men of good character, approved integrity and sound judgment, 
and more particularly whether they are able to read the English 
language understandingly. 

I feel certain that by the proposed method many names will be 
placed on the panel of jurors who are disqualified and their places 
will have to be filled by others, thereby causing delay and annoyance 
to the courts and expense to the taxpayers. 

Subsection 3 of the proposed bill provides that the commissioners 
"are empowered to cause further investigation" but this is after the 
names have been placed upon the list. In my opinion, whatever 
investigation is to be made as to the qualifications of jurors should 
be made before and not after their names appear on the list. 

Even though I were in full accord with the provisions of this 
bill, it ought not to become a law in its present form. 

The title is defective in that the bill creates subsections 2, 3 and 
10 of. section 2533b, while the title is silent as to subsections 2 and 3. 

Subsection 2 provides that in counties containing a population 
of over 150,000, the commission shall make the list in the manner 
provided in subsections 2 and 3 and in no other manner. While 
subsection 7 provides that the provisions of the entire act, i. e., 
provisions relating to counties with less, as well as those with over, 
150,000 population "shall be applicable to any court of record in a 
county containing a population of over 150,000 which requires a 
jury." 

The circuit courts and civil courts of Milwaukee County are courts 
of record. Thus, by the terms of the bill, we have two systems for 
the jury commission to follow in Milwaukee County which are en- 
tirely different one from the other. 

Again, by the terms of the bill, the commission is to write the 



Session of 1919 349 

names of those "who voted in the county at the last general elec- 
tion held therein." It does not provide, as was evidently intended, 
that the names of those who voted at the last general election prior 
to the time of the writing of the names should be written. As 
passed, only the names of those could be written who voted at the 
last general election prior to the passage of the act. 

Further, subsection 3 of the bill does not provide for the com- 
mission making further investigation or any investigation but says 
the commission is "empowered to cause further investigation" to 
be made. Whatever investigation is to be made should be made by 
the commission and not by someone empowered to do so by them. 

The bill does not provide that the commission shall reject the 
na^nes of those who, to their knowledge, are disqualified. It says 
they may do so. 

Being in accord with neither the purpose of the bill nor its pres- 
ent phraseology, I withhold my approval of it. 

Respectfully submitted, 

EMANUEL L, PHILIPP, 

Dated, June 23, 1919. Governor. 



To the Honorable, The Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

Ellen C. Sabin, of Milwaukee, Wisconsin, to be a member of 
the State Board of Education, for the term ending August 1, 1924. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, June 25, 1919. 



To the Honorable, The Senate: 

Pursuant to the statutes governing, I hereby nominate and, 
by and with the advice and consent of the Senate, appoint 

Fred. H. French, of Milwaukee, Wisconsin, to be a member of 
the Industrial Commission of Wisconsin, for the term ending 
June 30th, 1925. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, June 26, 1919. 



350 Messages to the Legislature 

To the Honorable, The Senate: 

I herewith return without my approval Bill No. 434, S. 

This bill raises the age limit for attendance at vocational schools 
after September 1, 1920, from seventeen years to eighteen years. It 
also provides that the permit age after that date shall be eighteen 
years instead of seventeen years. 

I am advised by the State Board of Vocational Education that 
this bill would increase the percentage of minors attending voca- 
tional schools approximately forty per cent. I am also advised 
by said Board that they cannot possibly take care of the increase 
provided for in this bill by September 1, 1920, for three reasons. 
First, thejr have not sufficient funds with which to carry out its 
provisions; second, the local municipalities are limited by statute 
in the amount they can raise for vocational education, which limit 
is insufficient to permit such municipalities to take on the addi- 
tional burden imposed; third, that even though sufficient funds 
were available, it would be impossible to provide necessary build- 
ings in which to accommodate the increased attendance. 

In fact, in some parts of the state, notably in Milwaukee, there 
are those who are now compelled, under the statute, to attend voca- 
tional schools, with the result that those attending such schools in 
Milwaukee, are receiving but four hours of instruction per week, 
whereas the statute provides for eight. 

I am also advised by the member of the Industrial Commission 
who is an ex-officio member of the State Board of Vocational Edu- 
cation that the Industrial Commission has insufficient funds with 
which to carry out the provisions of the bill relating to the issuing 
of permits. 

It is urged by some that the state ought not to raise the age at 
which minors are compelled to attend vocational schools nor the 
permit age from seventeen years to eighteen years. But as this 
question is a matter of public policy which the Legislature has 
determined affirmatively, I should feel it my duty to give this 
bill my approval were it not for the fact that its provisions can not 
be carried out for the reasons above stated. 

As both the Vocational Board of Education and the Industrial 
Commission are unable at this time to carry out the provisions 
of this bill, I would suggest that the question of raising the age 
limit be referred to these two bodies and that they report to the 
next legislature both as to the advisability of raising the age limit 



Session of 1919 351 

and as to the time when they will be so situated that they and 
the municipalities in which vocational schools are located can 
take on the additional burden if the age limit is to be raised. 

If, in the end, it is found to be in the public interest to increase 
the compulsory vocational school age to eighteen years, the prac- 
tical way to proceed would be to first make the necessary appro- 
priations and provide the necessary buildings so as to be prepared 
to care for this large number of additional pupils rather than pass 
a law under which they are compelled to receive this additional 
instruction with no provisions for carrying it out. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, June 25, 1919. 



To the Honorable, The Assembly: 

I herewith return without my approval Bill No. 183, A. 

This bill provides that whenever an error has been made in any 
income tax assessment by either the assessor of incomes or the 
tax commission, resulting in either a larger or a smaller assessment 
than ought to have been made, either the assessor of incomes or 
the tax commission respectively shall have authority to correct 
the assessment and certify the amount of tax properly due to the 
treasurer of the district "and said treasurer shall collect from the 
person owing the tax the amount so certified whether it is greater 
or less than that appearing on the tax roll." 

You will note that either the assessor of incomes or the tax 
commission, as the case may be, may increase as well as decrease 
the income tax assessment. No provision is made for giving any 
notice to the person whose income tax is thus increased before 
the increase is made; neither is he given the right to appeal after- 
wards. Thus an arbitrary increase in the income tax assessment 
may be made under the provisions of the bill without notice or 
hearing or the right to have the same reviewed by the Board of 
Review or otherwise. In all other tax proceedings, including the 
original income tax assessment, the right of review or appeal is 
given. Under the provisions of this bill property is taken with- 
out due process of law and the person whose property is thus 



352 Messages to the Legislature 

taken if denied the equal protection of the law — both contrary 
to constitutional provisions. 

For these reasons, 1 can not give the bill my approval. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated June 26, 1919. 



To (he Honorable, The Assembly: 

You have before you Senate Bill No. 538, which contains the 
following provisions : 

It directs that a tax of three mills on every dollar of the as- 
sessed valuation of the property of the state be placed upon the 
tax roll of 1919, and in addition thereto a surtax on every per- 
son's taxable income which begins with the levy of one and three 
quarters per cent on the fourth one thousand dollars and increases 
with each additional one thousand dollars income until it reaches 
twelve thousand dollars, and upon that and all larger amounts it 
levies a tax of six. per cent. 

In addition it levies a surtax on the income of corporations be- 
ginning with two per cent on one thousand dollars and increases 
with each additional one thousand dollars income until it reaches 
seven thousand dollars, and that and all larger amounts are taxed 
at the rate of six per cent. 

The income tax provided in the bill exempts an income of six 
per cent on the capital stock, surplus and undivided profits of a 
corporation. No offset will be allowed for personal property taxes 
paid. 

The mill tax is estimated to yield approximately fifteen million 
dollars. It is generally conceded by men capable of making a fair 
estimate that the income tax provision would yield between five 
and six million dollars. It is a safe estimate to state that the sys- 
tems combined will yield twenty million dollars. 

The money which this bill, if it becomes a law, will raise shall 
be used to pay a bonus to the soldiers, sailors, marines and nurses 
that served during the World War, the distribution to be made up- 
on the following basis : To each and every person named there 
shall be paid a sum not exceeding ten dollars for each month of 
service, with a minimum of fifty dollars, as a token of appreciation 
of the character and spirit of their patriotic service, and so forth. 



Session of 1919 353 

No figures are available now which would with any accuracy 
give the total amount that the state must pay in compliance with 
the proposed statute. It is, however, estimated that the total 
amount of the tax levy would be used — in fact, there is a question 
whether it would be sufficient. 

This proposed tax levy is probably the largest that ever was 
made in a state of two and one-half million people, and in this 
connection I should remind you that we have already appropri- 
ated five hundred thousand dollars to care for the sick and needy 
soldiers, sailors and marines, and that another bill, which in leg- 
islative circles is known as the "Nye Bill," is now on the way to 
the Executive Chamber, which, if approved, will cost large sums. 
It provides that every soldier, sailor or marine who served during 
the World War may enter any of the normal schools or the state 
university and receive thirty dollars per month from the state dur- 
ing a period of four years, or the term through which he attends 
school. 

Just how many soldiers will take advantage of that bill if it 
becomes a law is problematical. We know this, however, that a 
four year term will cost the state over one thousand dollars per 
soldier. It seems to me that it is conservative to estimate that 
ten per cent of the number enlisted will take advantage of this 
offer, particularly in view of the fact that the law permits adults 
to take special courses, w T hich would mean that there is no age re- 
striction. If the estimate of ten per cent is correct it will require 
ten million dollars to carry through the provisions of the Nye Bill. 
Therefore the amount of money required to meet the obligations 
created by this session for the benefit of the soldiers will reach 
over thirty million dollars. 

While we all feel grateful to our soldier boys for their patriotic 
services, I feel that we should not appropriate these tremendous 
sums of money without consulting the people, and I should say 
in this connection that the appropriation of five hundred thousand 
dollars to take care of the sick and needy has already been approved 
and is therefore a law. 

May I suggest to you that you deal with Bill No. 538, S., which 
appropriates approximately twenty million dollars as follows: That 
instead of either approving or disapproving the bill at this time 
you pass a substitute with the following provisions: Refer the 
question of the tax levy which must be made to meet it this year 



354 Messages to the Legislature 

to a vote of the people, to be voted upon at a special election to 
be called by the governor, through the secretary of state, on 
Angus* 19, 1919. Li the levy is approved by the people the Act 
should request the governor to call a special session of the Legis- 
lature immediately after the referendum vote is canvassed and 
counted, for the purpose of enacting the necessary legislation to 
make the law operative, the special session to be held only if the 
people by their vote approve the tax levy. 

The referendum vote and the action of the legislature will in 
no wise interfere with placing the tax levy upon the tax roll of 
1919 and will, therefore, in no sense defer the time when the 
soldier may receive his bonus. 

It is currently reported that the national government is seriously 
considering a like proposition, and in the event that Congress 
appropriates a sum that is substantially equivalent to the per 
capita amount herein provided and for the same general purpose, 
then there should be no further appropriation by the state, and 
the bill which I have suggested that you pass should become null 
and void, provided such action is taken by Congress prior to the 
time for calling a special session of the Legislature. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, June 28th, 1919. Governor. 



To the Honorable, The Assembly: 

I herewith return without my approval Bill No. 405, A. 

The provision requiring the approval of judges of the circuit 
courts of the appointments of deputy clerks of the circuit courts 
has been on the statute books since 1849 and, so far as I know, has 
given universal satisfaction. The clerk and his deputies are, in a 
sense, officers of the court and their efficiency and qualifications are 
a matter of deep concern, and rightly so, to the judges of the court. 

The reason for exempting Milwaukee County from the pro- 
visions of this law must be based upon one of two grounds: First, 
because there is more than one deputy clerk in said county or, 
Second, because deputy clerks were thought to be under the civil 
service law of that county. 

As to the first ground, there are counties in the state other 
than Milwaukee County, which have more than one deputy. 

As to the second ground, the civil service law of Milwaukee 



Session of 1919 355 

County does not cover a deputy clerk of the circuit court. See 
Section 772 — 4 of the statutes as renumbered and amended by 
Bill 439, S., now Chapter 365, Laws of 1919. 

Believing that no good purpose can be served by exempting 
Milwaukee County from the provisions of this old and wholesome 
statute, I do not feel that I can give this bill my approval. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated July 1, 1919. Governor. 



To the Honorable, The Assembly: 

I herewith return without my approval. Bill No. 152, A. 

This bill is designed to enlarge the number of policy holders in 
the life fund by providing for the appointment by the Commis- 
sioner of Insurance of agents to solicit insurance on behalf of the 
life fund. This bill provides for the compensation of such agents 
from the premiums collected, but makes no provision for loading 
the present premiums to care for the additional expenses. 

The amount of loading for expenses and contingencies is lim- 
ited by statute. Subsection 4 of section 1989m provides: "The 
premiums for life insurance in the life fund shall be based upon 
the American experience table of mortality with additions for extra 
hazards and with interest at three per cent per annum, to which 
shall be added for expenses and contingencies $2.00 per year per 
thousand dollars of insurance and an amount distributed equally 
through each of the possible premium payments, the present value 
of which shall be equal to one-sixth of the present value of the 
cost of insurance on the basis aforesaid." 

Subsection 5 of the same section provides: "The premiums 
for annuities shall be based upon the British orifices annuity tables, 
1893, with interest at three per cent per annum with additions 
for expenses and contingencies distributed equally through each 
of the premium payments, the present value of which shall be one- 
sixth of the net single premium for such annuity." 

It will be seen that the law now provides for loading for ex- 
penses and limits the amount which can be charged to each policy 
for expenses of maintaining the fund. The loading for expense 
is practically all absorbed by the payment of one-half of the salary 
of a clerk in the department of insurance for services to the life 
fund. 



356 Messages to the Legislature 

The amount which may be retained as commissions is also lim- 
ited by statute. Paragraph (b) of subsection 13 of section 1989m 
provides: "There shall be retained by any person insured paying 
direct, or by any other person transmitting any premium, a fee 
of twenty-five cents for each application and a fee of one per cent 
on the amount of the premium." 

The subsection is repealed by this bill and the commission 
increased to fifty cents for each one hundred dollars of insurance 
issued, plus ten per cent of the first premium. 

The bill not only provides for greatly increased commissions, 
but makes no provision to take care of this extra compensation. 
The only fund from which this commission can be taken is from 
the surplus fund which has been built up by present and past 
policy holders and out of dividends which belong to them. 

This bill is inconsistent with the act establishing the life fund. 
If this bill should become a law, the result would be that the 
present policy holders would be compelled to bear the burden of 
the additional commissions either from the surplus which belongs 
to the present policy holders or by way of reduced dividends. 
The effect of the bill would be to decrease the security of present 
and future policy holders and the ability of the life fund to ma- 
ture its contract: In other words, if these extra commissions are 
paid, there is no fund from which the money is obtainable ex- 
cepting from the surplus or from dividends, both of which belong 
to past and present policy holders. 

I take the liberty of calling your attention to what I said in my 
message to you on this subject: "If this enterprise (state life 
insurance) is to prosper and grow, as it must to have a normal 
experience, it must have an organization for soliciting business. 
If the expense of such an organization is incurred, the fund can 
offer no inducement not offered by privately managed life insur- 
ance companies and fraternal societies." 

Not only would this bill so affect the life fund so that it "can 
offer no inducement not offered by privately managed life insur- 
ance companies and societies," but it would so deplete surplus and 
dividends that the fund would be unable to mature its contracts. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor, 
Dated July 3, 1919. 






Session of 1919 357 

To the Honorable, The Assembly: 

I herewith return without my approval Bill No. 483, A. 

This bill provides that the supervisors of any town may close 
any portion of a highway to traffic or travel during the progress 
of repair or construction and may erect "barriers at either or 
both ends of the portion of such highway thus designed to be 
closed to travel." The bill further provides that any person who 
travels upon any portion of the highway closed by the erection 
of a barrier shall be guilty of a misdemeanor and punished by a 
fine of not less than ten dollars nor more than one hundred 
dollars or by imprisonment in the county jail for not less than 
ten nor more than sixty days or by both such fine and imprison- 
ment. If this bill were to become a law in its present form, the 
result would be that any highway might be closed by erecting a 
barrier at one end only of a highway thus closed and yet fine or 
imprison anyone traveling on the enclosed highway up to the 
barrier. If anyone is to be punished for traveling upon a closed 
highway there should be a barrier at both ends of the closed 
portion of the highway. 

The time within which I must either approve or disapprove of 
this bill expires July 4th, and as the Legislature is not in session 
until after that date, it is impossible for me to suggest that the bill 
be recalled and amended by striking out the words "either or" in 
line 5 of the enrolled act, and I am, therefore, compelled to return 
the bill to you unapproved. 

' Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated July 3, 1919. 



To the Honorable, The Assembly: 

I return herewith Bill No. 587, A. without my approval. 

This bill is a re-enactment of Bill No. 29, A. which I vetoed 
under date of April 23, 1919. It may be said that it in a measure 
changes the method of procedure, however in its general provisions 
it remains the same as the former bill upon the subject and it 
amounts to legislative recall of public officers, except such as are 
specifically provided for by the constitution. The objections 
which I presented to you in my veto of Bill No. 29, A., apply 
to this bill also and I will repeat here in part what I said in my 



358 Messages to the Legislature 

former veto in opposition to the principle of a legislative recall of 
appointive officers. 

This bill is an amendment to Section 12.23 and 13.24 which 
provide for an interrogation of public officers by either or both 
houses of the Legislature,, and under the statute so amended the 
scope of the hearing may be said to be in a degree limited; how- 
ever, each member of the Legislature will have the privilege of 
voting for the removal of public officers for any reason that is 
satisfactory to his own mind. 

Briefly stated, under the provisions of this bill it will be with- 
in the power of the Legislature to remove any public officer whose 
office comes within the scope of this bill for any reason what- 
soever whether it be personal or political — in fact, the removal 
may be brought about by a combination of small groups of men 
who oppose the incumbent for as many reasons as there are groups. 
Since 1900 the Legislature has created a number of commissions 
to which have been assigned important administrative functions. 
The history of the legislation which created them is not so old 
that we cannot recall the circumstances that surrounded these 
measures and the promises that were made to the people at the 
time they were created. In delegating great powers to these ad- 
ministrative bodies it has been a matter of deep concern to the 
legislators and the people that they be placed out of the reach 
of political influences. 

In the case of the Railroad Commission the proposition to elect 
the Commissioners by popular vote was rejected by the Legisla- 
ture for the reason that the effect of their rulings may so vitally 
affect the general welfare of the people that it was deemed un- 
wise to select its members by popular vote because it was gener- 
ally believed that there was danger that special interests might, 
with the use of money and influence, affect elections. 

The bill in question may accomplish indirectly what the Legis- 
lature and the people sought to avoid at the time that the Kail- 
road Commission was created. If it is within the power of the 
Legislature to remove any member of that Commission at will we 
will then have provided a method by which private interests that 
may have a grievance against a commissioner because he has 
refused to yield to their demands may bring about his removal 
by entering the legislative campaigns and, with the use of money 
and influence, send men to the Legislature committed to the prop- 



Session of 1919 359 

osition of the removal of such commissioner. In other words, 
we will expose the entire administrative force who hold their 
office by reason of appointment to political influence, and no 
commissioner or officer will be safe in his position unless he has 
at all times his ear to the ground and is willing to barter the pub- 
lic interest for political influence. 

In my judgment the legislative recall of appointive officers is 
a departure from the forms of government established by our 
constitution both national and state. The constitution prescribes 
the distribution of power to the different departments of gov- 
ernment and the limitations upon the officers invested with the 
authority in each department. The distribution follows the nat- 
ural and logical lines of the distinction between the different 
kinds of power — legislative, executive and judicial. To each 
branch has been assigned certain functions. To the executive is 
given the power and upon him is placed the responsibility, for 
the execution of the law. The responsibility to the people for 
the proper administration of the laws and policies laid down by 
the Legislature, and which are carried out by these administra- 
tive bodies, rests if not directly at least indirectly upon him, and 
I think properly so. 

Our constitution in describing the Governor's duties says that 
he "shall take care that the laws be faithfully executed." If 
the Legislature will assume the right to remove public officers, we 
shall then have a divided authority and a divided responsibility 
and will have destroyed the systematic process of government 
that our constitutions provide. 

I have reasons to suggest to you that this bill may be unconsti- 
tutional. The Supreme Court of Missouri has held that a pro- 
viso in an appropriation bill that none of the money should be 
available or paid so long £s the then commissioner remained in 
office was unconstitutional because the Legislature could not say 
indirectly who should be appointed to or removed from an ap- 
pointive office. 

In diseussing this bill I should not fail to remind you of the 
fact that the principle of the recall was submitted to a vote of 
the people in the form of a constitutional amendment as late as 
1914 and was overwhelmingly rejected. Nothing has transpired 
since then that may cause us to believe that there is any radical 
change in public sentiment upon that question. 



1)60 Messages to the Legislature 

The objections which I have stated forbid me to give this bill 
my approval. 

Kespectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, July 2, 1919. Governor. 



To the Honorable, The Assembly: 

I herewith return without my approval Bill. No. 626, A. 

It has always been the policy of the Board of Eegents of the 
University, and 1 think wisely so, to require the unit or units of 
government where state agricultural experimental stations are 
located, to contribute the land on which these stations are at first 
located. 

Ashland contributed 160 acres, Spooner 80 acres, and Marsh- 
field 80 acres. I am advised that when the station was located 
at Hancock it was with the understanding that there would be 
contributed to the state an eighty acre tract and, by an act passed 
in 1917, an additional forty acres was to be contributed. 

It now develops that the eighty acres first promised is not to 
be contributed but is to be sold to the state for $3,346.27. 

I deem it unwise to sanction any departure from the policy 
heretofore pursued by the Board of Eegents of the University 
and in this I am supported by the Finance Committee of the 
Legislature, who twice recommended this bill for indefinite post- 
ponement. 

For the foregoing reason, I decline to give this bill my ap- 
proval. 

Kespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, July 3, 1919. Governor. 



To the Honorable, The Assembly: 

I herewith return without my approval Bill No. 633, A. 

This bill appropriates $5,000 to pay the expense of a joint 
legislative committee to cooperate with the Board of Public Af- 
fairs, the Civil Service Commission and the State Engineer in 
making a study of the salaries and wages paid to those in the 
service of the state and to report to the next Legislature its rec- 
ommendation in the form of a bill for the revision of such sal- 
aries and wages. 



Session of 1919 361 

I have no objection to a legislative committee or any member 
of the Legislature cooperating with the Board of Public Affairs or 
any other state agency in conducting any investigation. 

The Board of Public Affairs, however, has the authority and 
the necessary machinery for making the investigation provided 
for in this bill. 

It may be well in this connection to call attention to the fact 
that the Legislature has four members on the Board of Public 
Affairs. 

As the Legislature has expressed its desire to have this investi- 
gation made, I will see to it that the Board of Public Affairs does 
make such investigation and reports its recommendations to the 
next Legislature. This investigation can be made by the Board 
of Public Affairs out of its present appropriation and thereby the 
state will be saved the $5,000 appropriated by this bill. 

In the interests of economy in the administration of the affairs 
of the state, I consider it my duty to prevent all unnecessary ex- 
penditures of public funds, and as it is my opinion that this in- 
vestigation can be properly made by the Board of Public Affairs, 
at a saving to the state, I deem it my duty to withhold my ap- 
proval of this bill. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, July 2, 1919. 



To the Honorable, The Senate: 

■ I herewith return without my approval Bill No. 406, S. 

This bill amends Section 40.02 of the Statutes. Bill No. 231, A., 
now Chapter 166, Laws of 1919, also amended this same section, 
but said amendment is not incorporated in this bill. The effect, 
therefore, if this bill should become a law, would be to repeal 
Chapter 166. 

No limit is placed upon the amount for which the state might 
be liable under this bill. It is estimated that the amount would 
not exceed $15,000. In my opinion, it would be unwise not to 
incorporate in this bill a limit on the state's liability. 

The bill, as originally introduced, contained a provision that 
no state aid should be given under the bill to any district if it 
was advisable to consolidate said district with one or more ad- 



362 Messages to the Legislature 

joining districts. Nor should state aid be given on account of 
any school if it is feasible to provide for instruction of the pupils 
of said school in some other school. I think this provision should 
have been retained in this bill. 

The time within which I may retain the bill without its becom- 
ing a law expires on July 4th, and, as the Legislature is not 
to be again in session until after that date, it is impossible for me 
to have the bill recalled for the purpose of incorporating the 
amendments above suggested. If, however, the Legislature sees 
fit to pass another bill on this subject, incorporating therein the 
features above indicated, I shall be pleased to give the same my 
approval. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, July 3, 1919. Governor. 



To the Honorable, The Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

Miss Maude E. Neprud, of Viroqua, Wisconsin, to be a member 
of the State Board of Control for the term ending the first Monday 
in February, 1921, 

Mr. George B. Harris, of Waukesha, Wisconsin, to be a member 
of the State Board of Control for the term ending the first Monday 
in February, 1923, 

Mr. E. A. Everett, of Eagle Eiver, Wisconsin, to be a member 
of the State Board of Control for the term ending the first Monday 
in February, 1925. 

Eespectfully submitted, 

EMAKUEL L. PHILIPP, 

Dated, July 8, 1919. Governor. 



To the Honorable, The Senate: 

Pursuant to the statute governing, I hereby nominate and, by 
and with the advice and consent of the Senate, appoint 

Fred M. Wilcox, of Appleton, Wis., to be a member of the 
Industrial Commission of Wisconsin, for the term ending June 

30 > 1925 ' Eespectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, July 9, 1919. Governor. 



Session of 1919 363 

To the Honorable, the Legislature : 

I have approved Bill No. 146, S., which relates to the manu- 
facture, sale and transportation of intoxicating liquors. 

The bill defines intoxicating liquors to mean any beverage or 
patent medicine capable of being used as a beverage that con- 
tains more than two and one-half per cent alcohol, and forbids 
the manufacture, sale or transportation of such beverage or medi- 
cine in the state of Wisconsin, except under certain restrictions 
contained in the bill. 

All beverages or patent medicines containing less than two and 
one-half per cent alcohol are declared to be non-intoxicating and 
are -therefore not included with the commodities prohibited by 
the bill. 

The bill suspends Chapter 66 of the statutes of "Wisconsin for 
1917, entitled "Excise and the sale of intoxicating liquors." The 
suspension of this section permits the sale of beverages and patent 
medicines of less than two and one-half per cent alcoholic contents 
without restriction. In my judgment this should not be done. 

Malt or vinous beverages permitted to be sold under the pro- 
visions of Bill No. 146, S., should not be sold without a permit, 
subject to the rules and regulations that controlled the sale of 
such beverages when the alcoholic contents were not regulated by 
law. The law regulating the sale and handling of the products 
above referred to should forbid the sale to minors and all other 
persons to whom this privilege was formerly denied. 

The location of places where these beverages are sold should 
also be controlled by the statute. I have particular reference 
to the provisions of Chapter 66 which, with some exceptions, 
prohibited the sale of any liquor within certain distances of any 
school, college or the university, any church, soldiers' camp or 
soldiers' home. In fact, all the provisions contained in Chapter 
66, which regulated the liquor traffic, should be re-enacted, and 
I have caused a bill, which contains all the provisions of the 
chapter I have referred to, to be prepared and submitted to your 
honorable body. 



364 Messages to the Legislature 

I trust that you will appreciate the importance of my sugges- 
tions in this matter and that you will, before your final adjourn- 
ment, pass the legislation upon this subject that I am asking for. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, July 14, 1919. 



To the Honorable, the Legislature: 

I have before me bill No. 614, S., which appropriates a sum not 
to exceed one hundred thousand dollars for the maintenance of 
twenty local free employment offices. 

I believe this to be an excessive appropriation for the purposes 
for which it was made and I will ask you to reconsider the bill 
with a view of reducing the amount in the interest of economy. 
I believe this can be done without injury to the service. 

In order that you may better understand my views upon the 
subject I submit herewith a table showing the number of agencies 
that have been operated within the state in the past six months, 
the cost of each and the results obtained. This table has been 
furnished to me by the officer of the United States Government, 
who has had charge of these agencies during the six months that 
the statement covers. 



Session of 1919 



365 



PLACEMENTS BY OFFICES IN OPERATION JUNE 30, 1919, AT THE END 

OF SIX MONTHS. 



Offices 



Milwaukee ... 

Superior 

Racine 

Green Bay .. 

Kenosha 

Hurley 

Sheboygan 
Rhinelander 

Madison 

Waukesha .. 
La Crosse.... 

Oshkosh 

Wausau 

Ashland 

Janesville .. 
Marinette 
West Allis.... 
Eau Claire.. 
Marshfield .. 
Manitowoc 
Watertown 



Jan. 



4,426 
1,204 
1,636 
610 
841 
910 
270 
401 
92 
392 
219 
207 
329 
256 
138 
377 
284 
244 
126 
157 
76 



Feb. 



Administration and| 
expense 



3,693 
1,006 
973 
469 
608 
480 
329 
299 
249 
437 
154 
201 
218 
168 
106 
249 
116 
141 
101 
58 
52 



March 



3,320 

720 

876 

489 

537 

316 

272 

398 

187 

298 

133 

193 

105 

261 

99 

109 

109 

61 

93 

98 

71 



April 



13,195 10,147 8,745 7,691 11,443 

I I 



2,732 
836 
800 
513 
548 
118 
236 
213 
262 



May 



320 
243 
137 
122 
242 

73 

105 

115 

43 

33 



4,094 
1,329 
877 
780 
317 
151 
541 
310 
545 
421 
450 
308 
202 
152 
211 
68 
221 
97 
124 
202 
43 



June 



Per- 



Total sonnel 



3,885 |22,150 



1,044 
671 



6,179 
5,833 



619 | 3,480 

226 

193 

357 

328 

546 

298 

235 

357 

130 

156 

287 

193 

139 

77 
139 

38 

39 



Salary 

and 

expenses 



Government paying | 
now fifteen offices 



9,957 



3,077 


1 
2 


2,168 


2 


2,005 


2 


1,949 


2 


1,881 


2 


1,846 


2 


1,511 


2 


1,509 


2 


1,121 


2 


1,115 


2 


1,083 


2 


996 




942 




725 




698 




596 




314 




31,178 


48 



$22,000 
5,400 
3,600 
3,600 
2,500 
2.500 
2,500 
2,500 
2.500 
2,500 
2,500 
2,500 
2,500 
2,500 
2,500 



10,000 

I 

I $72,100 
18,000 

$54,100 



Not in operation July 1: Beloit, Chippewa Falls, Menasha. 



366 



Messages to the Legislature 



EMPLOYMENT OFFICES 





Superintendent 


$2,000 

1,500 

1,100 

900 

1,800 
1,500 
1,200 
1,100 
900 
6,000 
1,350 
2,400 






Woman Superintendent 






Stenographer 






Telephone Girl 






Soldier Bureau: 

Manager 






Assistant 

Women — 1 






1 






1 






Men— 4 ($1,500) 






1 

2 






16 


$22,000 


Superior — 3 


$1,800 

1,500 

1,200 

900 










1 Woman 






Stenographer 








5,400 


Racine 


$1,500 

1,200 

900 




Women 






Stenographer 








3,600 


Green Bay 


$1,500 

1,200 

900 




Women 






Stenographer 






Each 2 


3,600 


Eleven Cities 


$1,500 
1,000 




Superintendent _ 












$2,500 


27,500 




$62,100 
10,000 




Government paying now fifteen offices... 


1 

$72,100 
18,000 




| $54,100 



* 



Session of 1919 367 

I think it is an entirely fair view to take of this service when 
I say that an agency that has placed less than one thousand peo- 
ple in six months does not justify its existence. This will elim- 
inate at least six agencies from the list. Consolidations can be 
made that will continue at least two agencies, without additional 
expense, that are now being operated separately. 

The officer in charge gives it as his best judgment that an ap- 
propriation of fifty thousand dollars will be sufficient to carry on 
the work in an efficient manner and give assistance to all who can 
really be benefited by it. 

The labor situation at the present time does not seem to call 
for much assistance to the laboring man who is looking for work — 
in fact, jobs are looking for men rather than men for jobs. It is 
a recognized fact that there is a shortage of labor in the factory 
and on the farm, and no able-bodied man who is willing to work 
is justified in loitering very long on the ground that he does not 
find employment. 

Labor agencies may be useful in locating men in jobs that are 
to their liking — in fact that is about the only service that they 
can now render, at least to men, at a time when farmers, contrac- 
tors and factories are all looking for men at high wages. If at 
any time it becomes apparent that returning soldiers are not 
promptly cared for I shall detail members of the State Guard to 
act as labor agents for such returning soldiers. That service, 
however, will not last long as it is confidently expected that the 
army will be completely demobilized within the next two or three 
months. 

I feel that you should agree with me that it is our duty to the 
taxpayer to trim our appropriations wherever we can do so with- 
out material injury to the state's service. In this connection 
I wish to call your attention to the fact that the appropriations 
that you have thus far made amount to approximately forty-five 
million dollars for the biennium. This compared with the ap- 
propriations made by the last Legislature of thirty-four million 
dollars for the biennium is an increase of eleven million dollars. 
This does not take into account the amount that may be neces- 
sary to finance the so-called Nye Educational Bill. If that be- 
comes a law it may require two million or ten million dollars. No 
estimate is obtainable at this time — it depends entirely upon the 



368 Messages to the Legislature 

number of soldiers who will take advantage of the benefits that 
the law offers. 

This enormous sum of money, added to the increased appro- 
priations made by counties and municipalities, particularly by the 
former for road building, will bring the total taxes that will be 
collected by the state, counties and municipalities to a very large 
sum. Unless some trimming is done wherever it is possible the 
taxpayer will be heard from when the bills are presented to him 
for payment. 

We must not forget that the United States Government is col- 
lecting enormous taxes from our people, and there is no indi- 
cation that the demands from that source will be reduced within 
the near future. The tendency of the Congress to continue to 
make billion dollar appropriations is beginning to alarm thought- 
ful people. There will be no complaint about paying the legiti- 
mate expenditures of the war but now that the war is over the 
people will rightfully demand that every reasonable economy be 
practiced by our government, both state and national. Because 
the spirit of wastefulness has prevailed in Congress it does not 
follow that the states too shall engage in reckless expenditures. 
The question may properly be asked: Where is the money coming 
from? Must the people in the end devote their energies entirely 
to the earning of money for the payment of taxes? 

The large appropriations that have been made have caused me 
to send this message to you to call your attention to the expendi- 
tures that you have authorized, and I ask you to meet my views 
upon such appropriations as it is still possible to curtail in order 
that we may avoid the charge of having been wasteful with the 
people's money. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, July 14, 1919. Governor. 



To the Honorable, the Senate: 

I return herewith Bill No. 416, S., without my approval. 

This bill changes the organization of party committees in Mil- 
waukee city and county to the basis of one representative from 
each assembly district. 

Party committees have for years been organized on the basis 



Session of 1919 369 

of one member from each ward or town. Organizations have been 
made upon that basis and I have heard of no complaint from 
either the city of Milwaukee or surrounding towns that the or- 
ganization created by the present law makes the committee too 
large and unwieldy. 

The bill takes effect upon passage and publication and would 
abolish the present county committees, which could not be re- 
organized until after another primary is held. In the county 
that could not be done until the primary,, which will be held in 
September of 1920. This would in effect leave the political 
parties of that county and city without any official organization. 

For the reasons stated I cannot approve the bill. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, July 14, 1919. Governor. 



To the Honorable, the Senate: 

I return herewith Bill No. 348, S., without my approval. 

This bill provides for a compensation of thirty dollars per 
month to any person attending school under its provisions who 
is honorably discharged, released or on a furlough from any 
branch of the military or naval service of the United States, 
and who at the time of entering such service, which must have 
been prior to October 1st, 1918, was a resident of this state. 

He may elect to go to any one of the following schools: The 
Wisconsin Mining School, Stout Institute, any of the several nor- 
mal schools, the State University, or any private college or higher 
institution of learning at which during 1918 there was located a 
Students Army Training Corps. The compensation to be paid 
each month during the time that the student actually attends 
such school and for a period not to exceed four years. 

The benefits of this bill are available only to such persons who 
possess the necessary entrance requirements of the institution 
which he elects to attend, excepting such as may be admitted as 
adult specials. 

It will be observed that this bill grants a valuable privilege 
to such discharged soldiers, sailors and marines as are fortunate 
enough to have a high school education or its equivalent, but 
makes no provision whatsoever for the larger number who rendered 
service and whose education ended in the grades or country school. 
It should be needless to sav that those who are so situated will not 



370 Messages to the Legislature 

possess the necessary educational qualifications to give them admis- 
sion to the higher institutions of learning. 

I look upon this bill as class legislation within the meaning 
of our Constitution and I believe it to be wrong in principle be- 
cause it does not offer equal opportunities to the men who have 
rendered a like service. 

If we are to think of the educational needs of our young men 
we cannot avoid the conclusion that the boy who left school when 
he was in his sixth grade or who had merely the advantages of a 
country school needs the additional educational opportunities far 
more than the young man who has had the privilege of going 
through a high school or similar institution of learning. 

It is no answer to say that he who chooses to accept this 
privilege will forfeit some other bonus that is given by the state. 
The largest amount that will be paid by the state to any soldier 
who has served two years (which is practically the maximum term 
of service) will be $240.00 if the bill which will be referred to the 
people will become a law. Under the provisions of this bill the 
soldier may attend college for a term of four years and receive 
$1,080.00 from the state. 

I do not wish to stand in the way of this educational privilege 
which the Legislature seeks to give to the soldier. I recognize it 
as a gift that the soldier can neither lose nor squander, one that 
will be helpful to him during the remainder of his life, and I am 
sure he will appreciate it more than any other donation that the 
state can make to him. However, if the state is going to grant 
this privilege it should be extended to all who wish to take ad- 
vantage of it, regardless of their educational qualifications. If 
that be done, the soldier must necessarily resume his education 
where he left off when he quit school and that situation necessarily 
raises some new questions which the Legislature, in my judgment, 
must meet. 

The age of the soldier and sailor ranges from seventeen to forty- 
five. No doubt many who would wish to take advantage of the 
offer would find it necessary to go into the grades that are at- 
tended largely, if not entirely, by boys and girls under the age of 
fifteen. We cannot reasonably expect that the men who have 
rendered military service would wish to share the schoolroom with 
young children, nor would it be practical that they do so from 
the standpoint of the welfare of the school. It seems to me that 



Session of 1919 371 

to fairly carry out this proposed educational privilege provision 
should be made for special schools for these men, in order to give 
them a reasonable opportunity to secure the full benefit of the 
peoples generosity. 

No inquiry has been made, and no one seems to know how 
many men would take advantage of this bill as it is now writ- 
ten ; nor has any investigation been made, so far as I am able to 
learn, to determine how many of this class of students can be 
accommodated at the university or other institutions named with 
the instructional staff that the appropriations made to these in- 
stitutions will permit them to employ. If as many as one thousand 
soldiers, in addition to the regular enrollment, would wish to at- 
tend the university it will be necessary to made additional appro- 
priations to pay for the extra service demanded of that school. 
The same may be said of the balance of the state institutions and 
I feel confident that the private colleges are not in position to take 
in any large number. The entire scheme is a step in the dark 
and it seems to me that the first thing to ascertain is the number 
that propose to avail themselves of this opportunity. 

There are other questions in connection with this enterprise 
that should be cleared up. The university, normal schools and 
colleges have standards of work that they must insist upon in 
order to maintain the reputation of their institutions. There 
is a percentage of failure among the regular students and we 
have no reason to believe that the percentage of failure among 
the soldiers would be any less. The question is, what is the in- 
stitution to do with the man who cannot keep up with his class? 
Is he to be thrown out and further educational opportunities de- 
nied to him, or shall he be returned to some school where he is 
liable to do the work that is expected of him, and where he can 
make real progress? This bill is silent upon that subject. 

It seems to me that some provision must be made for that type 
of students unless it is our desire to extend this educational privi- 
lege only to those who are very brilliant and are able to carry the 
work of the institution they attend. 

The purposes of this bill are costly and if as many as ten per 
cent of the men who were in the service take advantage of it, 
assuming that the privilege will be extended to all, it will cost 
approximately ten million dollars. This expense will be spread 
over four years, and in that connection I wish to call attention 



3 ¥2 Messages to the Legislature 

to the fact that the bill places no limit upon the time when the 
privileges under it shall be taken. If a soldier decides to go to 
school ten years from now, unless the law is changed, the privilege 
is still open to him. However, I merely wish to call attention to, 
but not to criticise, that feature of the bill. 

It seems to me that the best interest of the soldier and the 
schools demands that we go into this undertaking in a system- 
atic way. The first thing to determine is how many men will 
accept the offer, what their qualifications are and where they 
wish to attend school, and any other information that is neces- 
sary to determine the best plan to follow. We must also be able 
to advise our educational institutions what they may expect in 
the way of increased attendance from this source in order to en- 
able them to make the necessary preparations. 

I shall request the Adjutant General to immediately send out 
a questionnaire to every man who was in the service in order to 
ascertain the number who wish to take advantage of this proposed 
educational privilege; also their educational qualifications in order 
that we may know how to classify them. 

The details of this proposition should receive attention and 
study and I propose to submit the entire question to the State 
Board of Education for its consideration. That body is well in- 
formed on the possibilities of our educational institutions and 
can best determine how to meet any situation that may arise under 
the provisions of this bill. 

I shall assume that the Legislature will wish to so frame its 
law that the privileges will be open to all who were in the service 
at the requisite time, and I hope to be able to present a well 
worked out plan before the beginning of the fall term of our 
schools. The project is of sufficient importance to warrant the 
calling of a special session of the Legislature. In that, however, 
I shall be guided by the results of our inquiries among the sol- 
diers and the findings and recommendations of the State Board 
of Education. 

I will repeat that in its present form I regard the bill as in- 
adequate to meet the situation and unjust to a large number of 
men who as soldiers rendered a service quite equal to those who 
have had better educational opportunities, and furthermore, I be- 
lieve it to be class legislation in the sense that the term is generally 
understood and is prohibited by the courts. 



Session of 1919 373 

For the reasons that I have stated I am compelled to decline 
to approve this bill. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, July 19, 1919. Governor. 



To the Honorable, the Senate: 

I herewith return without my approval Bill No. 610, S. 

This bill is an exact copy of Bill No. 434, S., which I returned 
without my approval June 25, 1919, except that wherever the year 
1920 occurred in Bill 434, S., it is stricken out and 1921 inserted 
in its place. 

In my message vetoing 434, S., I said: 

"I am advised by the State Board of Vocational Education 
that this bill would increase the percentage of minors attending 
vocational schools approximately forty per cent. I am also ad- 
vised by said Board that they can not possibly take care of the 
increase provided for in this bill by September 1, 1920, for three 
reasons. First, they have not sufficient funds with which to carry 
out its provisions ; second, the local municipalities are limited by 
statute in the amount they can raise for vocational education, 
which limit is insufficient to permit such municipalities to take on 
the additional burden imposed; third, that even though sufficient 
funds were available, it would be impossible to provide necessary 
buildings in which to accommodate the increased attendance. 

"In fact, in some parts of the state, notably in Milwaukee, 
there is at the present time, insufficient housing facilities to care 
for those who are now compelled, under the statute, to attend voca- 
tional school, with the result that those attending such schools in 
Milwaukee, are receiving but four hours of instruction per week, 
whereas the statute provides for eight. 

"I am also advised by the member of the Industrial Commis- 
sion who is ex-officio member of the State Board of Vocational 
Education that the Industrial Commission has insufficient funds 
with which to carry out the provisions of the bill relating to the 
issuing of permits. 

"As both the Vocational Board of Education and the Industrial 
Commission are unable at this time to carry out the provisions of 
this bill, I would suggest that the question of raising the age limit 
be referred to these two bodies and that they report to the next 



374 Messages to the Legislature 

Legislature both as to the advisability of raising the age limit and 
as to the time when they will be so situated that they and the 
municipalities in which vocational schools are located can take on 
the additional burden if the age limit is to be raised. 

"If, in the end, it is found to be in the public interest to in- 
crease the compulsory vocational school age to eighteen years, the 
practical way to proceed would be to first make the necessary 
appropriations and provide the necessary buildings so as to be 
prepared to care for this large number of additional pupils rather 
than pass a law under which they are compelled to receive this 
additional instruction with no .provision for carrying it out." 

What I said regarding Bill No. 434, S., is equally applicable 
to the present bill. 

Before this bill goes into effect, the people will have elected a 
new Governor and a new Legislature. 

This bill does not make any appropriation. In fact, this Leg- 
islature could not bind the Legislature of 1921 by making an 
appropriation at this time. Neither should this Legislature at- 
tempt to tie the hands of the Legislature of 1921 by inaugurating 
a public policy which that Legislature might not wish continued 
and might not make sufficient appropriations to carry out. 

The better way to proceed is as I suggested in my veto of Bill 
434, S., to-wit, that the question of raising the age limit be re- 
ferred to the Vocational Board of Education and the Industrial 
Commission to report to the next Legislature and leave it to that 
body to handle the question unhampered by any action taken at 
this time. Eespectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, July 18, 1919. Governor. 






To the Honorable, the Senate : 

I return herewith Bill No. 105, S., without my approval. 

The purpose of this bill is to add the teachers employed in 
the normal schools, the county training schools and the county 
schools of agriculture and domestic economy in this state to the 
list of teachers eligible to the teachers' insurance and retirement 
fund. 

As stated in my veto of Bill No. 570, S., this fund is facing 
a rapidly increasing deficit. It would in my judgment be un- 
wise, and in fact unfair, to the teachers named in this bill to 



Session of 1919 375 

exact contributions from them to a fund that is rapidly being 
depleted and is therefore unable to comply with the obligations 
that it assumes. The entire plan must be revised and with that 
thought in mind the Legislature appointed an interim committee 
to report to the next session. 

I recommend that the addition of teachers to this privilege be 
postponed until a re-adjustment is made that will give the assur- 
ance that the promises made under this plan of insurance can be 
carried out. It will be a great disappointment for any teacher 
who has paid into this fund and has relied upon it for support 
in old age to find when the critical time comes that the fund is 
not sufficient to pay the guarantee. 

It may be well to add in this connection that unless this sys- 
tem of insurance is changed to make it self-sustaining the deficit 
will in the end become a moral obligation upon the state. The 
state cannot afford to create an institution of this type under 
its laws and hold it out as an inducement for its servants as a 
reward for service and when the time comes for payment to find 
the fund depleted and only a partial payment available for the 
beneficiary. The state has a real obligation in this matter which 
it must meet, and no time should be lost in the preparation of 
a new plan which will be as fair as it can be made to those who 
are now members of this retirement fund and will give the assur- 
ance to the new members that there will at all times be enough 
available money to carry out the contracts in full. 

I have recently approved Bill No. 590, S., which reduces the 
payment to annuitants under the teachers' retirement fund fifteen 
per cent up to June 30, 1921, and it makes the further provision 
that no annuitant be permitted to retire and receive an annuity 
during that period. 

That bill was introduced by the committee on teachers re- 
tirement fund and is a recognition of the depleted condition of 
that fund. This bill admits a large number of additional teachers 
to the fund in face of the acknowledgment as expressed in the 
statutes which I have approved that the fund is depleted and is 
on a wrong basis, and the more teachers that are added to it the 
smaller will be the sum that will be available to the annuitants be- 
cause it increases the liability of the fund in a sum that is in ex- 
cess of the receipts that are collected. 

It seems to me that the two bills are not compatible and that 



37^6 Messages to the Legislature 

Bill No. 590, S.. is in itself an answer to the proposition contained 
in this bill. 

The reasons that I have above stated have prompted me to 
veto this bill. Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, July 19, 1919. 



To the Honorable, the Senate: 

I return herewith Bill No. 570, S., without my approval. 

This bill makes numerous changes in the administration of the 
teachers' retirement fund and in the last paragraph makes an ap- 
propriation of not exceeding eight thousand dollars from the 
monies appropriated to the common school fund income. This 
amount is asked to pay part of the cost of administration. 

The present teachers' retirement fund is not upon a sound 
basis. The liabilities to the present annuitants amount to ap- 
proximately $1,231,000, while the present assets or available funds 
amount to about $552,000, leaving a deficit of $679,000 on the 
basis of present annuities alone, to say nothing of the prospective 
annuities that are to mature when the teachers arrive at the speci- 
fied age or on completing the required number of years for maturing 
their annuities. A rough estimate will place the total deficit at 
probably not less than three million dollars. 

I am stating it mildly when I say that the situation is serious 
and some radical re-adjustment must be made in the near future 
and unless that be done it will be only a question of a short time 
when this fund, like so many other similar funds, will come to 
grief and will be wound up leaving hundreds or perhaps thousands 
of disappointed teachers and other beneficiaries. 

The system of paying annuities based upon relatively short 
years of service has been tried out in other states and has proven 
a failure, and we should not permit ourselves to be deceived by 
the' thought that the results will be any better in Wisconsin. No 
payments that teachers can afford to make, or that the public 
is willing to give, will enable teachers to retire in the prime of 
life, as they do under our present system. The rule under which 
the teachers' retirement fund is operated gives the teacher the 
privilege of retiring after twenty-five years of service. Let us 
assume that the teacher begins at the age of twenty, or even 



Session of 1919 377 

younger as is so often the case; that would make the age of re- 
tirement at forty-five, or even younger, and at the time when the 
teacher is, by reason of experience, able to render his or her very 
best service. 

Experience with this type of insurance has, I think, fully es- 
tablished this fact — a pension or retirement fund can be kept on 
a sound basis only when the beneficiary is retired because of in- 
efficiency brought on by age or sickness or by a proper age limit. 
Any other system is destined to break down and in the end is a 
disappointment to those who expect to receive benfits from it. The 
experience of the state of New York, with a similar retirement 
fund and which now shows a deficit of over thirty-two million dol- 
lars, should convince us that we are on the wrong basis. The 
trouble is that the relation between the income and the outgo is 
not mathematically correct. 

This subject has received some attention during the present 
session of the legislature. The task of putting this fund on a 
sound basis is a difficult one, particularly in view of the large 
number of annuitants that are now claimants for the benefits, 
and the number is rapidly increasing. The Legislature has ap- 
pointed an interim committee to study this subject and a new 
plan must be brought forward during the next session. The 
rapidly growing deficit is unfair to the teachers — it is a deception. 

Thus far the cost of administration has been borne by the fund. 
This bill provides for an appropriation of eight thousand dollars, 
chargeable to the common school fund income. In view of the 
fact that the entire system must be changed I do not deem it ad- 
visable to use any other fund for the payment of the cost of ad- 
ministration, nor do I approve of the new departure that this bill 
makes of charging any part of the cost of administration of this 
fund to the state. 

The whole scheme should be made self-sustaining and if built 
on sound principles it will maintain itself without any hardship 
to the teachers. I feel certain that when this is done those who 
rely upon it for an income in their declining, days will be glad 
to know that the fund is upon a sound financial basis and that 
there will be no question about receiving the full benefits that this 
plan of insurance holds out to them. 



378 Messages to the Legislature 

For the reasons stated I must withold my approval from this 
bill. Respectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, July 19, 1919. Governor. 



To the Honorable, the Senate: 

I herewith return without my approval Bill No. 589, S. 

The present law permits those having charge of public build- 
ings to grant to soldiers of the Civil and Spanish-American Wars 
rooms and space therein for the establishment of memorial halls 
and museums, and provides that any agreement between those 
having charge of public buildings and soldiers of the Civil and 
Spanish-American Wars, in force at the time the act was passed, 
August 1, 1913, shall continue in force according to the terms 
thereof. 

This bill permits those having charge of public buildings to 
grant rooms and space therein to any organization of soldiers, 
sailors and marines of the United States of any war for the estab- 
lishment of memorial halls and museums, but strikes out the pro- 
vision relative to agreements in force August 1, 1913. If the bill 
went no farther than this, I would give it my approval, and trust 
any organization of soldiers, sailors or marines of the last war 
to deal justly with the soldiers of the Civil or Spanish-American 
Wars regarding the use of rooms and space in such buildings, but 
the present bill goes farther and provides that those in charge of 
public buildings may grant rooms and space therein for any public 
purpose. 

I do not believe that soldiers of any of the wars of the United 
States ought to be crowded out of any public building by any 
civic organization and this bill would permit that to be done. 

If the bill had provided that soldiers should have preference 
over civic organizations in the use of space or rooms for memorial 
halls or museums in public buildings, I would have been content 
and given the bill my approval, but I cannot approve any bill 
which would permit those in charge of public buildings in which 
soldiers of the Civil and Spanish-American Wars now have vested 
rights to be deprived of those rights in favor of any civic organ- 
ization. 

There are but a comparatively few soldiers of the Civil War 
now left. Their right to occupy public buildings for memorial 



Session of 1919 379 

halls and museums cannot, at best, last but a few more years, and 
it seems to me we owe it to them to protect their vested rights in 
the use of memorial halls and museums as against any civic or- 
ganization and we owe a like right to the soldiers of the Spanish- 
American War. 

For the foregoing reasons, I decline to give this bill my ap- 
proval. Respectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, July 23, 1919. Governor. 



To the Honorable, the Assembly: 

I herewith return Bill No. 95, A., without my approval. 

After its introduction this bill was so amended as to permit 
the use of dip nets in the night-time. 

The present law prohibits the use of dip nets in the waters 
mentioned in this bill between one hour after sunset and sun- 
rise of the following morning. The reason for this is that dip 
nets are used in these waters solely for taking, catching or killing 
rough fish and if fishermen were permitted to use dip nets in the 
night-time, it would be impossible for the Conservation Commis- 
sion and its deputies to properly supervise the fishing so that 
rough fish only would be taken. By the payment of a small license 
fee of one dollar, provided for in this bill, it would be possible for 
the licensee, by fishing with dip nets in the night-time, to elude 
the vigilance of the Conservation Commission and its deputies and 
catch other than rough fish in the waters named and thus evade 
the purpose of the law which, as above stated, is the taking, catch- 
ing or killing of rough fish only. 

Because this bill permits fishing with dip nets in the night- 
time, I can not give the same my approval. 

Respectfully submitted. 

EMANUEL L. PHILIPP, 

Governor. 

Dated, July 23, 1919. 



To the Honorable, the Assembly: 

I herewith return without my approval Bill No. 257, A. 

This bill makes an annual appropriation of not to exceed $175,- 
000 for state aid for vocational training in free high schools or 
their equivalent. 



3>80 Messages to the Legislature 

There has boon appropriated annually since 1913 $100,000 for 
this purpose as an encouragement for high schools to give voca- 
tional instruction. No good reason has been presented for in- 
creasing this appropriation. The Board of Public Affairs made 
an investigation and recommended that the former, appropriation 
of $100,000 be continued. The Finance Committee recommended 
this bill for indefinite postponement, which would have restored 
the former appropriation of $100,000 per annum. 

The Superintendent of Public Instruction has not been insistent 
upon this increased amount. He was questioned before the Com- 
mittee on Finance and his reply, in substance, was that he did 
not insist upon the increased appropriation although he might 
prefer it. 

The appropriations made by this session have been very large 
and I find it necessary to curtail wherever we can, and insomuch 
as no pressing need has been stated for this additional sum of 
money I cannot give this bill my approval and I, therefore, re- 
turn it to you. Eespectfully submitted, 

EMANUEL L. PHILIPP, 
Dated, July 23, 1919. Governor. 









To the Honorable, the Senate : 

I return herewith Bill No. 390, S., without my approval. 

The purpose of this bill is to provide a plan under which pub- 
lic service corporations, which, under this bill, would mean water 
powers and power companies, electric light plants, water works, 
public heating plants, telephones, street cars, urban and interur- 
ban, may be purchased, built and operated by the public and pro- 
vides for a method of payment for the property purchased, new 
construction, and cost of maintenance and operation by taxation 
and by the issuing and sale of bonds and mortgage certificates. 

The plan provided is to create a public service district which 
will assume all the obligations that may grow out of these ven- 
tures and undertake, through a board of directors elected by the 
people of the district, to purchase, create, maintain and operate 
the properties that this board will take under its control. 

The manner of creating the public service district is as follows: 

Any twenty-five or more persons, who are qualified general 
electors and free holders residing within the territory proposed 
to be included in a public service district and users of utility or 



Session of 1919 381 

electric railway service in said territory, may file in any circuit 
court having jurisdiction of the territory, or a substantial part of 
the territory proposed to be included in such public service dis- 
trict, a petition for the organization of a public service district in 
and of such territory and of the inhabitants thereof. Such peti- 
tion shall allege and show: 

That the organization of such proposed public service district 
will facilitate, promote and enable the public ownership, operation 
,er control of public utilities and electric railways in such pro- 
posed district. 

The application must be accompanied by a map showing the 
boundary lines of such district, which shall follow the boundary 
lines of existing election districts, the assessed value of all real 
and personal property located and owned within the district sub- 
ject to taxation, the public utilities then in existence and being 
operated within such district, with the further provision that the 
proposed boundaries of such public service district shall embrace 
such territory and population as will have, with regard to the utili- 
ties and elective railways mentioned and the probable future de- 
velopment and extensions thereof, a common or reciprocal interest 
in the services and charges for services of such utilities and are 
so constituted that substantial equity may result as between locali- 
ties or communities affected, to the end that the cost burden as 
well as any bonded indebtedness shall be fairly distributed among 
the users of such a utility. 

The districts created are to be divided in not less than five nor 
more than fifteen compact territorial divisions, which divisions 
shall follow the boundaries of the existing election districts, and 
each district shall be entitled to "elect one director on the board 
of directors of such proposed public service district. 

The bill provides further that an equal number of citizens, or 
the railroad commission or any municipality in the district may 
present to the same court a counter petition denying the claims 
of the advocates for a district. 

If the court grants the petition the next step is to vote upon 
the creation of the district, and if a majority of the voters favor 
it a charter will be issued to such district by the Secretary of State 
under the great seal of the state creating a municipal corporation. 

The next step is the election of the necessary directors under a 
primary system, 



382 Messages to the Legislature 

AYIumi that is completed the district is in readiness to proceed 
with the business. 

The above is merely a brief statement of the manner in which 
the districts are created and the boards of directors elected. I 
shall state as briefly as possible my objections to the various de- 
tails of this bill. 

The court has but little discretion in passing upon the petitions 
that are brought before it. It may disapprove the district lines 
or the subdivision submitted. Such action would, however, hardly 
be probable because the formation of the district permits a specula- 
tion upon the future development of certain parts of the district 
which neither the petitioners nor the court have any definite 
knowledge of— in fact, it may be said with much effect that upon 
the question of the development of municipalities th'e judgment of 
twenty-five petitioners may be better than the judgment of the 
court. 

Aside from this power the court has no other function except 
to see to it that the forms provided by the bill are complied with. 

No limitation has been placed upon the size of the districts ex- 
cept as a maximum there shall be fifteen subdivisions and as a 
minimum there shall not be less than five. 

The only question that the people can pass upon is that of or- 
ganizing a public service district. 

The right to purchase any particular utility, the right to build 
extensions or additional lines or new plants, the power to tax 
and bond the district — in fact all powers required by the organi- 
zation are vested in the board of directors. 

If the petition submitted to the people fails at the election the 
same petitioners, or twenty-five other persons with the necessary 
qualifications, may immediately file another petition — in fact peti- 
tions and elections may be carried on indefinitely without cost to 
the petitioners. The bill provides that all costs in connection with 
the election, as well as court costs, must be paid by the state. 

As stated before, the commissioners are vested with absolute 
power, which includes the power to tax the people and to create 
debts secured by bonds or other evidences of indebtedness. This 
is a departure from the general rule provided by the statutes 
governing this type of public expenditures. In view of the broad 
purchasing power given to this board I regard it as a dangerous 
privilege to give them the right to tax the people without limit 



Session of 1919 383 

and to create debts which are limited only by the provisions of 
the constitution without a referendum to the people. 

The bill contains this further objectionable feature: While it 
recognizes, as it must, the constitutional five per cent debt limit 
we must not lose sight of the fact that the districts created are 
now municipal units and although the municipality or the town- 
ship which may be included within such districts may have a 
public debt up to or close to the five per cent limit, it cannot be 
said that such debt is the debt of the district — in fact, I consider 
this provision of the bill none else but a scheme to permit muni- 
cipalities to pyramid their debts for the purpose of acquiring pub- 
lic utilities. The least that can be said of it is that it is a clever 
scheme to evade constitutional limitations. 

The bill provides that the bonds of the district shall bear in- 
terest not to exceed four per cent per annum and shall be adver- 
tised for sale and sold to the highest responsible bidder, but no 
provision is made that they cannot be sold for less than par. It 
has been the policy of this state to forbid the sale of municipal 
bonds at less than par. It has thus far served as a protection 
against manipulation and the results have been generally satis- 
factory. 

I deem it unwise to permit the sale of municipal bonds without 
a price limit because it opens the door to agreements between 
the buyers and the sellers, or, what is perhaps more apt to occur, 
a combination between the purchasers of these bonds that will 
operate as a loss to the people. 

This bill also authorizes the issuance of mortgage certificates 
which are a lien upon the physical property of the utility but not 
an obligation upon the taxpayers. of the district. 

These mortgage certificates are made lawful investments for 
trust funds of the state or any municipality, insurance company, 
bank, trust company of any trust estate, and shall be accepted 
as deposits for any purpose for which the deposit of security may 
be required or authorized by law. 

It should not require much argument to demonstrate that this 
provision of the bill is unwise. If in the end the utility, which 
is the only security back of these mortgage certificates, is neglected 
or abandoned all that there would be left for these mortgage 
certificate holders would be the scrap value of such a utility. I am 
sure that you will agree with me that that class of securities are 



384 Messages to the Legislature 

not the type that the law should permit to be used for the in- 
vestment of trust funds. The state of Wisconsin has thus far 
been very cautious about the use of trust funds and the invest- 
ment thereof and we should do nothing that will cause any de- 
parture from that policy. 

The board of directors has the power to grant a permit to pub- 
lic utilities including electrical railways to use any public street 
or streets, alleys, ways and places in the district without the con- 
sent of the governing authorities of any town, village, or city in- 
cluded within the district. 

This, in my judgment, is an unwise interference with the local 
government of municipalities. It is the policy of every city of 
importance to locate transportation upon such streets where it 
will do the least damage to the abutting property owners, and 
with a due regard for residential sections. Local governments 
are usually responsive to the will of the people in matters of this 
kind and regard themselves charged with the moral duty of con- 
trolling the streets with reference to beautifying the cities. No 
such obligation rests upon the directors provided for in this bill. 
They may arbitrarily place the street car where they wish and 
where it best serves their purposes. The least that can be said 
upon this subject is that local governmental authorities will not 
wish to give up the power that they have heretofore exercised 
over the location of street cars and other utilities to a new board 
less responsive to the wishes of the people. 

There is another provision which I wish to call your attention 
to. After the district is organized the Eailroad Commission is 
deprived of all power to grant certificates of convenience and 
necessity to any public utility or street railway. That power is 
vested exclusively in the board of directors of the public service 
district. We may reasonably expect that this board would be in- 
terested only in its own utilities and will hardly be expected to 
recognize any other public utility or the need thereof, even 
though such utility offers to enter the district and furnish the 
desired service without cost to the people so far as construction is 
concerned. They may grant themselves a certificate to parallel 
any existing line or duplicate any existing utility, but they would 
hardly be generous enough to grant a certificate to another utility 
to parallel their line or duplicate their utility. 

What I have said concerning this proposed legislation can rea- 



Session of 1919 385 

sonably be urged against it and I am certain that it is quite 
sufficient to condemn the bill. We may as well recognize the 
pressure that is being brought by owners of public utilities to 
dispose of them to the public. While I am personally opposed 
to public ownership of these utilities, and particularly street rail- 
ways, that, however, is my personal view and I would not on 
that account wish to exercise my veto power on any bill that 
offers a fair plan to the people for the purchase of these utili- 
ties if they see fit to do so. However, so far as my power and 
privileges go in these matters, as governor of the state I shall in- 
sist that the people who assume these obligations shall be given 
the privilege of expressing themselves upon the advisability of 
the purchase of any particular property at the price at which it 
is offered and passed upon and approved by the Eailroad Com- 
mission. 

Three separate bills dealing with this same subject have al- 
ready passed the Legislature and have had my approval. How- 
ever, in each of these bills now upon the statute books the public 
interest has been carefully safeguarded. 

I should not dismiss the subject to the purchase of public utili- 
ties without calling attention to the tendency in legislation to de- 
vise ways to circumvent our constitutional debt limit. I do not 
believe in the circumvention of constitutional guaranties. If the 
debt limit that is now provided is not satisfactory to the people 
the orderly way to proceed is to submit a constitutional amend- 
ment to raise it. If the people desire to ratify it they should then 
not complain about any debt or increased taxation placed upon 
them by reason of any transaction that may follow as a result of 
the change. Any other system is a deception and we as legislators 
for the people should not countenance it. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Dated, July 29, 1919. Governor. 



To the Honorable, the Senate: 

I herewith return without my approval bill No. 629, S. 

This bill was introduced in the senate July 15 and passed on 
the same day that it was introduced and it was passed by the 
assembly the next day. It passed both houses without being re- 
ferred to any committee and without a hearing. 



386 Messages to the Legislature 

The bill attempts to punish any insurance corporation doing 
business in this state and any officer, director or agent thereof 
who makes or circulates any false statement of any sort, misrep- 
resenting the terms of any policy or the financial standing or 
management of any other insurance corporation and provides a 
heavy penalty and goes so far as to compel the Commissioner of 
Insurance to revoke the license of any corporation or agent upon 
proof of conviction for any violation of the act. 

Any person or corporation in this state that has been subjected 
to loss of reputation or business because of any false statements 
made by any other person or corporation can have redress therefor 
in the courts of this state under existing statutes. 

While it is desirable that statements by insurance companies 
concerning each other should be truthful and not deceptive to 
the public, this bill would in effect prevent any competing insur- 
ance company or any officer, director or agent thereof, domiciled 
in this state, from making any statements concerning any other 
insurance company for fear that some small detail in the state- 
ment might be incorrect. 

Insurance companies and the officers, directors, and agents 
thereof, domiciled in other states, would not be affected by this 
law because they are not within the jurisdiction of our courts 
and, therefore, could not be convicted. As there must be a con- 
viction before a license can be revoked, they could make any 
statement they pleased concerning any other insurance corpora- 
tion, either domiciled in or doing business in this state. 

If statutes of this type are necessary, they should be general 
and not apply to one particular kind of corporation only; the 
tradesman, professional man and, in fact, people generally, should 
have the benefit of such a law if one is to be enacted. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, July 24, 1919. 






To the Honorable, the Assembly: 

I herewith return, without my approval, bill No. 335, A. 

This bill adds to the list of teachers eligible to the benefit of 
the Teachers' Insurance and Retirement Fund all those who were 
employed as teachers in public schools when the act creating the 



Session of 1919 387 

original Teachers' Insurance and Eetirement Fund was passed, 
provided they make application prior to September 1, 1920, and 
pay the assessments upon their salaries since September 1, 1912, 
with interest thereon at the rate of 4*/2 per cent per annum. 

As stated in my vetoes of bills 570, S., and 105, S., the Teachers' 
Insurance and Eetirement Fund is facing a rapidly increasing 
deficit, and I recommend in my veto to the bill last referred to 
that "the addition of teachers to this privilege be postponed until 
after readjustment is made that will give the assurance that the 
promises made under this plan can be carried out." 

It seems to me that this bill is incompatible with bill 590, S., 
which reduces the payment of annuities under the Teachers' Re- 
tirement Fund fifteen per cent up to June 30, 1921, and makes 
the further provision that no annuitant be permitted to retire 
and receive his annuity during that period. 

It is my judgment that no more teachers should be added to 
the eligibles until the whole subject has been carefully consid- 
ered by the committee appointed by this legislature to investi- 
gate the condition of the fund and make its recommendations 
to the next legislature, which body will then be in a position to 
handle the whole subject intelligently. 

For the foregoing reasons, as well as for the reasons given in 
my vetoes to bills 570, S., and 105, S., I decline to approve this bill. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, July 26, 1919. 



To the Honorable, the Assembly: 

I herewith return, without my approval, bill No. 450, A. 

This bill amends subsection 5 of section 573f of the statutes. 
This subsection has twice before been amended by bills num- 
bered 231, S., and 355, S., at the present session of the legis- 
lature, but this bill does not incorporate either of the amend- 
ments. This bill reached me on July 23 and I have held it 
until this time thinking that three-fifths of both houses of the 
legislature might be back before my time limit upon it expired, 
but such has not been the fact. 

As the section of the statutes above referred to affects the 
revenues of the state, it would take three-fifths of the members 



388 Messages to the Legislature 

elect to satisfy the constitutional requirements as to a quorum. 

Furthermore, this bill provides that if any dependent child 
is six years of age or older, he shall be a pupil either in an all 
day school or a part time day school before the mother, grand- 
parents or persons having the care or custody of the child re- 
ceive aid for such child. 

No exception is made for the child who, on account of phys- 
ical or mental defects, is unable to attend school. Undoubtedly, 
there are many such children whose mothers, grandparents or 
other persons having the care and custody thereof, ought to re- 
ceive aid; in fact, they are probably the most deserving of any 
and I can not consent to deprive them of it. 

Eespectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated, July 29, 1919. 



To the Honorable, the Assembly: 

I return herewith Bill No. 614, A., without my approval. 

This bill creates a body corporate with the right to hold prop- 
erty in the name of, and in trust for the state by purchase or 
otherwise, to sue and be sued, and to have any and all other 
rights and powers given by law to bodies corporate in so far as 
the same may be necessary and required for the purposes of carry- 
ing out the provisions of the bill. 

Section 7 provides that the board, with the consent of the Gov- 
ernor, may purchase lands in quantities deemed necessary to 
carry out the purposes of the bill. The payment for such land 
shall be made from funds provided by the state and there is ap- 
propriated from the general fund to the board on July 1st, 1919, 
$500,000.00 and on July 1st, 1920, $500,000.00 to meet the obli- 
gations created by the board. 

The board may, prior to the disposition of the land to set- 
tlers or at any time within five years after the same has been 
purchased under a settler's contract, prepare all or any part of 
such land for drainage and cultivation and lease the same. It 
may seed, plant and fence such lands, erect buildings or make 
other improvements including the providing of water supply to 
such an extent as in its judgment will fully carry out the pur- 
poses of the law. 



Session of 1919 389 

The board may also make loans to settlers on the security of 
live stock and farm implements. 

Payments for the land may be spread over a period not ex- 
ceeding forty years and bear five per cent interest, computation 
as to payment being those used by the federal lands bank. All 
monies received by the board shall be paid within one week after 
receipt to the general fund and are appropriated therefrom and 
added to the million dollar appropriation provided in this bill. 

Stated briefly this bill creates a board to which is appropriated 
one million dollars of the taxpayers money from the general fund 
of this state, which it may use as a revolving fund with which 
it may engage in the general land settlement business. 

The bill is clearly in violation of several constitutional provi- 
sions. The constitutional limitations that I refer to provide as 
follows : 

The state shall never contract any debt for works of internal 
improvement or be a party in carrying on such works. 

The clearing of land and other improvements authorized by 
this bill cannot be construed otherwise than internal improvements. 

The state is prohibited from contracting any debt except for 
the purpose of defraying extraordinary expenditures of the state, 
not exceeding in the aggregate one hundred thousand dollars, 
(which debt limit has already been exceeded). 

You will observe that the board is authorized to make contracts 
which are in substance an obligation of the state, and therefore 
create a debt in violation of the above constitutional provision. 

The bill also violates the constitutional provision which pro- 
vides that the Legislature shall provide for an annual tax suf- 
ficient to defray the estimated expenses of the state for each 
year. The tax provided for by this bill is not expenses of the 
state within this constitutional prohibition. 

These constitutional prohibitions have all been clearly stated 
in the case of State, ex rel Owen vs. Donald, 160, Wis. 21. 

Some provisions of this bill border close to the humorous. In 
section 4 it makes this provision: "In order to aid and provide 
for the returned soldiers and sailors who have been honorably 
discharged and as a just and fitting reward in the manner of 
pay, bonus or reward for their services to the state and nation, 
and to provide reasonable opportunity for employment the board 



390 Messages to the Legislature 

may acquire agricultural lands suitable for colonization, and so 
forth." 

The same section closes as follows: "It may also whenever a 
finding of public necessity shall be made as hereinafter provided 
sell and convey any land so purchased to others than honorably 
discharged soldiers, sailors and their dependents;" and it makes 
the still further provision that any citizen of the United States 
who is prepared to take possession of the land within six months 
from the date of the contract and who is not the owner of agri- 
cultural lands to the value of three hundred dollars may become 
such purchaser. 

It is difficult indeed to see wherein the soldier is given any 
right under this bill that is not given to every other citizen of 
the United States. Surely nothing is given to him that is not 
offered to any other purchaser, in fact any person residing any- 
where in the United States who does not own three hundred 
dollars worth of agricultural land is just as eligible to the privi- 
leges contained in this bill as is the soldier, even though the latter 
has rendered distinguished service to his country and may be 
wounded or disabled for life. Any multimillionaire, it matters 
not where he resides prior to the purchase of the land, may take 
advantage of the provisions of this bill to acquire property for a 
summer resort, if for no other purpose, and enjoy every right 
and privilege that is granted to the soldier. 

It seems to me that the conclusion is unavoidable that the sol- 
dier was brought into this bill for the purpose of giving it a clear 
road through the Legislature. No special rights or privileges 
are granted to him at all. Surely he has the rights of a citizen, 
and no special mention of the soldier and sailor was necessary ex- 
cept for the purpose of making it appear that he will receive a 
special favor, which cannot be found in the bill. 

For the reasons above stated I return this bill without my ap- 
proval. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 
Dated, July 30, 1919. 






Session of 1919 391 

MESSAGE OF THE GOVERNOR. 

September 4, 1919. 

To the Senate and Assembly. 

During the closing days of the regular session you passed Bill 
No. 348, S., otherwise known as the "Nye Educational Bill/' 
which provided for a bonus of thirty dollars per month for a 
maximum term of four years, to any person who was honorably 
discharged or released or on furlough from the military or naval 
service of the United States, who entered the service prior to 
October 1, 1918, and who wished to attend the Wisconsin Uni- 
versity, any one of the state normal schools, Stout Institute, the 
Wisconsin mining school or any private college that maintained 
a Students' Army Training Corps during the year 1918, the com- 
pensation to be paid each month during the time that the student 
actually attends such school for the period stated. 

The benefits of the bill were available only to such persons 
who possessed the necessary entrance requirements of the institu- 
tions named, excepting such as may be admitted as adult specials. 
The bill made no provision whatsoever for those who rendered 
service but did not have the necessary educational qualifications to 
give them admission to these institutions of learning. 

I vetoed the bill because it denied a valuable privilege to a 
large number of men who had rendered service, but did not have 
the educational qualifications necessary to take advantage of it, 
and for the further reason that no provision was made for the 
increased instructional staff and other facilities that are required 
to meet the demands made upon the state educational institutions 
as the result of such a law. 

I stated in my veto message that I would cause a questionnaire 
to be submitted to the men who had rendered service for the 
purpose of determining the number that wish to take advan- 
tage of this offer by the state; also for the purpose of ascertain- 
ing the number of such applicants who have the educational qual- 
ifications to enter the higher institutions of learning; also the 
number who, by reason of not being so qualified, wish to attend 
our public or vocational schools. 

As stated in my veto message, I assume that you wish to enact 
legislation that will embody the principle of the Nye Bill of grant- 
ing an educational privilege to the soldiers, sailors and marines 
who rendered service during the war and I have called you in 



892 Messaoks to the Legislature 

special session for the purpose of submitting to you the results 
of our investigation, which, I am sure, will guide you in framing 
a new bill which will more fully and in a more equitable manner 
cover the subject. 

According to the latest information published by the Provost 
Marshal General's Office and by the United States Navy Depart- 
ment, approximately 118,000 soldiers, sailors, and marines en- 
tered the service from the state of Wisconsin. Owing to the fact 
that all Selective Service records have been shipped to Washing- 
ton, by order of the government, it was not possible to ascertain 
the post-office address of all these men. The Adjutant Gen- 
eral's office mailed 81,933 questionnaires to men of known ad- 
dress, and from the replies thus far received we have been able 
to make the following compilation: 

Number who are qualified to enter the University 

and who have expressed a desire to do so. . . .2,745 

Number who are qualified to enter the normal 
schools and who have expressed a desire to 
so 306 

Number who are qualified to enter Stout Institute 

and who have expressed a desire to do so 77 

Number who are qualified to enter the Wisconsin 
mining school and who have expressed a desire 
to do so 52 

Number Avho desire to enter private colleges of the 

state 770 

Number who are not qualified to enter the higher 
institutions of learning but who nevertheless 
wish to attend some school 3,029 

The replies are still being received and there is good reason to 
believe that not less than 10,000 will wish to take advantage of 
the educational privilege if the bonus provided in the Nye Bill 
is enacted into law. 

I cannot in this message go into every detail that your new 
bill should provide. The State Board of Education has made 
an exhaustive study of the whole subject and will present its con- 
clusions if you so desire. I will, however, state the general prin- 
ciples which I believe should govern in the framing of a bill: 

1st. The legislation is designed as an expression of gratitude 



Session of 1919 393 

on the part of the state to those who served the nation directly 
in a military way, and all such should be included within its pro- 
visions. I suggest, therefore, that the benefits go to all who were 
in the service on November 1, 1918, including the nurses who 
were in the military or naval service. 

2nd. The educational opportunity must be available to all 
persons who were in the service at the time stated, without refer- 
ence to their educational preparation. 

3rd. The educational opportunity must be of such a charac- 
ter as to meet the widely varied needs of the persons for whom 
it is intended and given at such time and for such periods as 
will make the opportunity actually available. 

The matter of providing the necessary facilities for so large a 
number of students presents many difficulties. At the university 
there is already a large registration and it is expected by the 
beginning of the fall term the number of students who will ask 
for admission in the usual manner will reach 6,000. This num- 
ber is fully 1,000 more than was expected and provided for by 
the budget. The school has sufficient capacity to accommodate 
possibly 1,000 students over and above the regular applicants. 
The question of housing them, however, presents a more serious 
aspect. A canvass is being made by the university authorities for 
every available room in the city of Madison, and while it is not 
yet complete, the indications are that it may be impossible to 
quarter any large number in excess of the regular attendance. 

The best that can be done under existing circumstances is to 
send to the university as many as we can find room for and to 
distribute the balance of the soldier applicants among the several 
normal schools and private colleges, and in order that this work 
may be systematically done, I recommend that you give the power 
of distribution to the State Board of Education. 

Some provision must be made for those who are unable to at- 
tend the higher institutions of learning, and I recommend that the 
State Board of Education be given the power to arrange with 
the high schools of the state for special departments for the bene- 
fit of the soldier students where all grades will be taught. 

I also recommend that you declare all private colleges eligible 
to receive these students whether they maintained a Students' 



394 Messages to the Legislature 

Army Training Corps or not. I feel this must be done in order 
to enable us to place all those who will make application under 
your bill if it becomes a law. 

In order that you will understand what the privilege offered 
in the proposed bill will cost the taxpayers of this state, I sub- 
mit the following estimates on the basis of 10,000 students: 

Bonus per annun $2,850,000 

Appropriation necessary for additional instruc- 
tional staff and other expenditures at the 
University, normal schools, Stout Institute 
and the Wisconsin mining school per annum. 500,000 
Cost of special schools and high schools and vo- 
cational training 330,000 



Making a total of (per year) $3,680,000 



Assuming that the attendance will not be reduced during the 
four years that the law is operative, as provided in the Nye 
Bill, the total expenditures would be $14,720,000. 

There are several offsets which may be taken into considera- 
tion. If the bonus bill which is being voted upon by the people 
becomes a law, and the same provision is made in your new' 
bill that was in the Nye Bill, those who take advantage of the 
educational offer will not receive the bonus. That will save the 
state approximately $1,000,000, which may be deducted; also an 
appropriation of $50,000 for additional teachers at the normal 
schools, and $10,000 to the Stout Institute. Those appropria- 
tions were made during the last session contingent upon the neces- 
sity of employing an additional teachers' force. The same items 
are included in the estimates that I have here presented. 

I recommend that the appropriations made to carry out the 
purposes of this bill be made to the State Board of Education, 
and that general supervision be given to that body to carry out 
the purposes of the law. You no doubt will appreciate that it 
will be impossible to cover every feature of this enterprise by 
statute. The law should be flexible in order to permit the State 
Board of Education to meet all the conditions that will arise 
under it. No doubt many situations will arise that cannot be 



Session of 1919 395 

foreseen, and in so much as your bill, if enacted into law, is an 
expression of gratitude on the part of the people, the law should 
be so framed that no embarrassing situation will arise under it 
and that no worthy person will be denied the privileges that it 
is proposed to give to those people who have rendered service to 
the nation in the hour of peril. 

I ask you to amend the following laws in accordance with 
bills which have been prepared and will be submitted to you: 

Chapter 674, Laws of 1919, and otherwise known as the Blue 
Sky Law; 

Chapter 542, Laws of 1919, relating to county tax for needy 
soldiers ; 

Chapter 660, Laws of 1919, relating to the appropriation for 
the State Superintendent of Schools. In this appropriation the 
Superintendent's salary was inadvertently omitted. 

I also ask you to consider legislation validating bond issue of 
municipalities, villages and school districts, and to permit county 
boards to make appropriations for the collection, publication and 
distribution of war records. 



396 Messages to the Legislature 



GOVERNOR'S MESSAGE TO THE SPECIAL SESSION OF 
THE 1920 LEGISLATURE 

May 25, 1920. 
Gentlemen of the Senate and Assembly: 

I have called you to meet in special session to enact such urgent 
legislation as I deem necessary to meet certain emergencies that 
have arisen as the result of the war, and which affect the cost 
of living and expenditures that are necessary to uphold our edu- 
cational institutions. 

I shall also submit to you the proposition of constructing a 
state hospital and the plans for its operation, which I deem in 
the interest of the masses of the people; the establishment of a 
complete course in medical education and such other legislation 
as seems urgent at this time. 

Eents 

The situation in our cities, and suburbs, and particularly in 
the industrial cities, with reference to rents that are being de- 
manded by landlords, has become so acute that some regulation 
by the state must be established to protect helpless tenants against 
unreasonable exactions. 

I would not in normal times advise that the state interfere 
with the free operation of the law of supply and demand. How- 
ever, under such conditions as now exist in our industrial cities, 
under which the shortage of living quarters has become so acute 
that it can no longer be said that the tenant has the option of 
paying the landlord's price or move to other quarters, the un- 
fortunate man who has not a home of his own finds himself in 
the position of the man with his back to the wall, unable to move 
in any direction. If the landlord will not listen to his appeal 
for fair treatment, then in all fairness, to whom can he appeal 
for protection? 

To say that he is the victim of a situation that cannot be 
changed except by natural laws is to say that Justice operates 
only through a slow process, and that government cannot care 
for its people in an emergency. Surely that would be a con- 
fession of weakness that the American people will not willingly 
subscribe to. 



Session of 1920 397 

I have received many complaints about housing conditions from 
individuals who appealed to me for help. The daily press has 
printed many columns describing these conditions. However, to 
make sure that the conditions complained of are not overstated, 
I appointed a committee of five able men to make an investiga- 
tion in the city of Milwaukee, which I believe to be the most 
congested city in our state, and report their findings to me. 

The committee has filed its report. For brevity's sake I am 
permitted to use only a few deductions from it. Their report 
states in part: 

"We find that a large number of owners or lessors of prop- 
erty have taken advantage of the situation created by the short- 
age of dwellings to increase rents beyond an amount necessary 
to make a fair or even liberal return on their investment. On 
the other hand, many other owners of property are to be com- 
mended for their reasonableness in fixing rents, in view of pres- 
ent conditions. 

"The most pernicious evil, and the least justifiable, is the leas- 
ing of apartments by certain persons and re-leasing them at great- 
ly increased prices. In most instances the rental paid to the 
landlord by such persons is sufficient to furnish the landlord 
a fair return on investment and the rents which are exacted 
by such persons are greatly in excess of that amount. In some 
instances the person performs a legitimate service to the com- 
munity by leasing apartment buildings or a number of apart- 
ments in a building, furnishing them and re-leasing them. In 
other cases, however, where the apartments are not furnished, 
no service whatever is rendered to the community, and the per- 
son entering the field is an unnecessary and unjustifiable burden 
upon the occupants of rented premises; even in the case of the 
renting of apartments, furnishing them and re-renting, a serious 
wrong has been done to the tenants by reason of such person 
exacting rentals which are entirely out of proportion to his in- 
vestment or risk. In at least one case the rental exacted is suf- 
ficient to make a net return of one hundred (100%) per cent 
upon the investment in furnishings and equipment. 

"Our investigation further shows that rentals have been in- 
creased in the City of Milwaukee as much as one hundred (100%) 
per cent above the rentals received for the same property May 
1, 1919. None of the landlords or real estate men who appeared 



398 Messages to the Legislature 

before the committee claimed to justify an increase of rentals 
in excess of twenty-five (25%) per cent above a fair rental in 
May, 1919, and no one appearing before the committee produced 
figures to justify even an increase of twenty-five (25%) per cent. 

"Your committee further finds that rentals have been largely 
increased by persons selling property to others at large increases 
over the original cost of the property and re-renting to make 
a large income on the basis of the purchase price. In some in- 
stances your committee has found that no sale has actually been 
made and that the pretended sale was resorted to simply for the 
purpose of exacting rentals which the landlord had not the cour- 
age to demand. The result of this action has been that with 
the boosting of prices for property, rents have increased, and 
with the boosting of rents the prices at which property may be 
sold has been increased, and that there has been a continuous 
round of purchase, increased rentals and re-sales. 

"Your committee further finds that, to a considerable extent, 
the situation is brought about by tenants out-bidding each other 
for premises. Those who are able to pay for the high priced 
dwellings have offered exorbitant rentals for such premises, mak- 
ing it necessary for the tenants of such premises to move, and 
such tenants have in turn offered exorbitant rentals for less de- 
sirable premises, making it necessary for tenants of such places 
to move, the result being that those least able to pay the rentals 
are without a place to live. In some instances this has made 
it necessary for families to be divided, the wife and children 
going to live with the wife's parents and the husband either rent- 
ing a room or going to a hotel. In other instances it has com- 
pelled two or more families to occupy apartments which are 
designed and have room for only one family. Many persons are 
today facing eviction because of inability to meet increased ren- 
tals and w T ho after long and diligent search are unable to find 
a place to live. 

"Your committee regards the situation as one which affects 
so seriously the home conditions and well-being of the. people of 
the city that it deems it necessary that some action be taken to 
prevent extortionate rents." 

The utter helplessness of the tenant and the effect of what we 
may choose to call "an epidemic of high rents" upon the morals, 
health and general welfare of the people, as reported by the 



Session of 1920 399 

press from time to time, has been fully sustained by the findings 
of this special committee. As I see it, briefly stated, the situa- 
tion is this: Owing to an increased industrial population since 
the close of the war, and the fact that no new houses are being 
built on account of the increased cost of labor and material, there 
exists a great shortage of housing accommodations. This fact 
has encouraged some landlords and lease holders to increase their 
rents beyond all reason, and they are able to secure such increases 
because the people are unable to find other quarters. 

The housing question is a situation that has been brought 
upon us as a result of the war, and should be considered as an 
emergency that must be met as we have met other war problems 
— by emergency legislation. There can be no doubt that the legis- 
lature has a right to do this under the welfare and police powers 
of the state. 

There should be neither thought nor desire to injure those who 
have dealt fairly with their tenants, either through patriotic or 
other motives — in fact, they deserve our unstinted praise. How- 
ever, those who have taken advantage of the situation either di- 
rectly or by skilful device, have compelled the state to resort 
to efficient regulation. It is an inefficient government indeed 
that will permit avarice to pick the people's pockets or permit 
honest people to be set upon the streets by the unreasonable ex- 
actions of soulless property owners or their equally soulless agents. 

The conditions that exist in the City of Milwaukee and its 
suburbs exists in other cities of the state; however, not so exten- 
sively, but in order to furnish them a remedy also I have in- 
cluded them in this call. 

Briefly stated, the thing to be accomplished is to establish an 
emergency regulation by law that will insure just and reason- 
able rents. This should be construed to mean a fair return to 
the landlord for the use of his property and the services rendered. 
A rent based upon that principle will be fair and just to the 
tenant. 

The business of lease brokers, or middlemen, should be regu- 
lated so that the rates established by the commission shall be 
the maximum amount that can be collected either by the owner, 
his agent, or sublessor. 

The provisions which will protect the tenant against unrea- 



-100 Messages to the Legislature 

sonable evictions and the other details provided are all set forth 
in bills which will be presented to you. 

The bill places the administration of the law with the Kail- 
road Commission. Full authority is given to that body to fix 
the valuations upon which rates of rent may be established. The 
Commission is directed by the proposed bill to base its rates of 
rent upon the principle of fairness and justice to both landlord 
and tenant, and it differs from rent regulatory laws attempted 
elsewhere in this vital principle, it does not attempt to arbitrarily 
establish a maximum rate regardless of costs, service and other 
conditions ; nor does it compel the tenant who may be aggrieved 
to seek relief in the courts. If the landlord will exercise his 
privilege to appeal to the courts, the state assumes the burden 
of the litigation and will go to court in an attempt to sustain 
its findings. 

There is nothing in the proposed bill that should be construed 
as an attempt at discouraging building. It might with equal 
force be claimed that the state utility law has discouraged the 
construction of new utilities — a statement that could not be sub- 
stantiated. It is calculated merely to protect tenants against un- 
reasonable rentals during the present emergency, and, unless amend- 
ed or changed, the bill if enacted into law will terminate on April 
30, 1923. 

The argument is frequently used that the remedy for the high 
rent evil is to build more houses. I agree with that statement 
and such a move must ultimately be undertaken. We may as 
well recognize the fact that industry will not succeed without 
sufficient labor, and labor cannot make itself available for in- 
dustry without proper housing facilities. 

We may reasonably expect that when the cost of building is 
reduced to a point where normal rents will pay a fair return 
on capital invested, large building operations will be undertaken. 
However, little is being done now, and the relief that we may 
expect from that source is all in the future, perhaps in the far 
of! future. We can only guess when the time will come when 
we will realize this hope. 

It is the present emergncy that I am asking you to deal with. 
The remedy that the people are asking for now lies in your 
hands and I feel confident that you will not disregard their 
appeals. 



Session of 1920 401 

Hospital and Medical School 

The original statute which established a medical school at the 
university provided that the school "shall consist of courses of 
instruction customarily covered in the first two years of a medical 
curriculum." 

•The session of 1919 changed the statute to read "The medical 
school shall consist of courses of instruction in the medical sci- 
ences customarily given in medical schools, and may include 
such additional branches as the regents may determine." 

This amendment gave authority to the regents to establish a 
four year or full medical course. No appropriation was made 
for it and the school continued its two year course, believing 
that it would find no difficulty in placing two year students in 
representative colleges of the country where they might finish their 
medical education. 

It is a well-known fact that since the close of the war there 
has been a great increase in the demand for college education, 
which has affected all branches taught, including medical edu- 
cation as well as other specialties. I am advised by the univer- 
sity management that this year we have about one hundred sopho- 
more and one hundred fifty freshmen premedical students, and 
that other schools have the same high percentage of attendance, 
and that it is very doubtful whether we shall be able to place 
any large number in desirable colleges to finish their education 
— in fact it looks as if it would be impossible to do so in the 
future. 

Briefly stated, the medical school at the university is called 
upon to decide upon one of the three following alternatives: 

1st. To restrict the number of students admitted to the medi- 
cal school each year to very small numbers and to make it clear 
to these students that there is no certainty of their being able 
to place all of them in good schools to finish their education. 

2nd. To abandon medical instruction at the University of Wis- 
consin. 

3rd. To take immediate steps to establish a complete medical 
course. 

Our university cannot well afford to reject applicants for this 
course; nor is it right and fair to the students that we should 
accept any of them unless we feel certain that we can find places 
for them in good colleges where they can complete their medical 



402 Messages to the Legislature 

education. Nor is it in the interest of the people of the state 
that the university discontinue medical training. I shall not be- 
lieve that it is their wish that the institution do this. 

There is, therefore, only one alternative left, and that is to 
establish a full four year medical course by making the neces- 
sary appropriation for it. 

It is, of course, not possible to give complete medical and sur- 
gical instruction without having access to a hospital, built for 
the purpose of instruction where large clinics may be held. 

It has been urged against the project of establishing a com- 
plete medical course at the university that the city of Madison 
is too small, and that there is not sufficient population available 
that would furnish the material for clinical purposes. It has 
been contended, and no doubt it will be contended again, that 
successful medical schools can be carried on only in large cities 
where sufficient material can be secured for instructional pur- 
poses. 

I believe that the state is in position to supply the necessary 
clinical material for the school with great profit to the people. 
Under an act passed at the last session of the Legislature, we 
established a county nurse service. By the first of July, 1921, 
if the law is complied with and we have every reason to believe 
that it will be, every county in the state will have a public nurse 
in its service. Among the duties assigned to this nurse is that 
of visiting public schools, to examine the children and make a 
report of their condition. The service is centered in the office 
of the State Board of Health and we now have sufficient infor- 
mation to convince us that a large number of children, particu- 
larly in the country schools, are suffering from physical defects 
that should receive expert surgical and medical attention. We 
find many with defective eyes, hearing, tonsils, teeth, curvature 
of the spine, defects of the feet and legs, and other bodily ail- 
ments that in many cases can be completely cured, and in others 
materially helped by expert physicians. 

There is a tendency, and particularly in the country districts 
to postpone, in many cases indefinitely, the medical care and at- 
tention that a child in that condition requires. 

I believe it to be the plain duty of the state to look after the 
welfare of that type of unfortunates. It should be done because 
it is a humane duty to do it. From an economic standpoint it 



Session of 1920 403 

should be the duty of the state to guard against an increased 
number of dependents. 

Some central hospital should be established where these chil- 
dren may receive expert surgical and medical attention, and I 
see in this an opportunity to establish such a hospital in connec- 
tion with the university. 

The medical school, if it gives a four year course, will en- 
deavor to employ high grade medical talent and their services 
can be made available for these unfortunate children and can 
be given without cost to the people who can be brought to this 
hospital. 

The state should erect a hospital of approximately three hun- 
dred beds, where these unfortunates may be brought for med- 
ical care. Those whose parents can afford to pay the cost of 
maintenance during their stay in the hospital should, of course, 
be made to do so, but the children of poor parents should be 
given the same privileges, the cost of maintenance being paid by 
the state and the counties from which they came. 

The state institutions will be able to furnish much material, 
particularly the School for Dependent Children at Sparta. 

The hospital should also have a psychopathic department, where 
people who border on insanity may be brought for treatment. 

The state has been very successful in the treatment of returned 
soldiers who were shell shocked or became insane for other rea- 
sons at its asylum at Mendota. It is, however, recognized that 
this type of patients should not be brought in contact with the 
chronic insane — in fact, the surroundings at Mendota are not 
favorable for their treatment. The physicians in charge succeeded, 
however, in spite of this fact. 

There is no sanitarium in Wisconsin available for people of 
limited means who happen to be in this condition. Private sani- 
tariums can be used only by the well-to-do because of the high 
prices which they must charge, and it seems that the state should 
make provision for the care of those of small means. 

There is still another service that would be of value to the 
people of the state that can be established in connection with this 
proposed hospital. It is a recognized fact that everywhere we 
are very short of nurses and the price of nurse service is pro- 
hibitive for people of moderate means. While the hospitals are 
rendering good service by maintaining schools for the training 



404 Messages to the Legislature 

of nurses, the output is not sufficient. Furthermore, the demand 
for public nurses is growing everywhere and we should train peo- 
ple to meet it. 

This proposed hospital, being associated with the university, 
should maintain a high grade nurse training school in connec- 
tion with it and would secure very desirable students from the 
university. 

The argument that the hospital will not attract enough emer- 
gency cases for clinical purposes must fall if we are willing to 
admit that expert medical service will attract the people, it mat- 
ters not where the clinic is located. 

Space will not permit that I discuss this matter any further 
than to say that the universities of Michigan, Iowa and Minne- 
sota each give a complete medical course, and that the public 
service that I have spoken of is given by the universities of Michi- 
gan and Iowa and that it is highly appreciated by the people. 

The bill which will be submitted to you contains substantially 
the provisions of the laws of other states that have worked out 
this problem by experience and I am confident that the people of 
Wisconsin will welcome this public service by the university of 
which we are so justly proud. 

I cannot pass this subject without reminding you and the peo- 
ple that it is in our interest to improve medical education. Good 
health is, after all, the best asset that any person can have, and 
we should not neglect it. We have been very generous in our 
appropriations in the aid of our animal industry, which is right 
and proper from every point of view. We must, however, settle 
it in our own minds whether we have been as thoughtful of the 
health of our people as we should be. 

The high cost of living and the attractive salaries offered by 
commercial institutions have created a demand by teachers for 
increased salaries in our entire educational system. It has been 
generally reported that many high grade teachers have either 
left the teaching profession to take up other lines of work that 
are more profitable, or have gone to schools in other states that 
are paying more attractive salaries. 

I think it is only fair to say of the teachers' profession that a 
vast majority of those who are now engaged in it are glad to 
remain in it because of their love for the work. However, we 
cannot expect to hold them in our schools if the salaries paid 



Session of 1920 405 

are not adequate to meet their requirements under present con- 
ditions, or if the salaries offered in other states are more attrac- 
tive, or if offers in the commercial field are sufficiently large to 
enable them to live more comfortably and the future holds out 
brighter prospects for them. 

This state cannot afford to reduce the standard of its schools. 
That would have an effect so far-reaching that we would bring 
upon ourselves the curses of the generation of young people who 
are now attending them. Nor would it be morally right, or eco- 
nomically sound, and I am sure it would be very unjust to the 
people who have fitted themselves for the teachers' profession 
to force them out of it by pursuing a parsimonious policy in deal- 
ing with our educational system. 

In the country, as in the city, there is a growing demand 
for better education — in fact, there has been no time since the 
organization of the state when there was so great a demand for 
it, a situation which the state should look upon with great favor. 

Because of the complaint that teachers' wages are not sufficient 
to meet present living conditions and the further fact that there 
is a general feeling in the profession that it has not been fairly 
dealt with in the matter of salaries, as compared with the com- 
pensation paid to people in other walks of life, I felt it neces- 
sary that I call your attention to all of our schools and open the 
door to you to the entire question, in order to enable you to make 
the necessary salary adjustments. 

This matter is urgent because we are now approaching the 
period when contracts will be made with teachers for the schools 
that will begin their sessions this fall. Furthermore, justice in 
this matter should not be delayed because their necessities are 
pressing and whatever is done should be done now in order that 
the teachers may remain happy in their profession and that we 
shall not be confronted by a shortage when the schools open this 
fall; nor should we wish to lose our experienced teachers and 
take in exchange the young and inexperienced. 

The university finds itself sorely pressed for funds. In order 
to hold the present professors and instructors it became neces- 
sary to make a substantial advance in their salaries at the be- 
ginning of the second semester of this year. This had to be done 
in order to meet the advances made by the universities of Minne- 
sota, Michigan and Illinois, which belong to the class that our 



406 Messages to the Legislature 

institution is in. Surely we could not blame these men if they 
accepted offers from other and similar institutions of learning 
that paid better salaries. I think that rule holds good every- 
where among men and women who must rely upon their earn- 
ings for their support. The state could not afford to break down 
the high standard that has been established at the University 
through the many years of its existence by refusing to satisfy 
its present faculty and employ cheaper and less efficient men, 
and in that way reduce the rank of the institution to a mere 
college. 

Another very potent reason for the increased expenses at the 
university is the increase in attendance. The last session of the 
Legislature financed the institution for a possible attendance of 
five thousand students. I say this not in criticism, because the 
great increase could not be foreseen. However, instead of five 
thousand students there are now seven thousand in attendance, 
and it stands to reason that the institution could not meet the 
additional demands made upon it without a corresponding in- 
crease in income, even though an increase in salaries had not 
been necessary. 

An extraordinary demand has grown up since the war for a 
college education. Its value is better understood than before — 
in fact, there is an indication that this demand is going to con- 
tinue to grow and that we may look for even larger registrations 
each succeeding year. 

In considering salaries for public service we must not lose sight 
of the fact that in comparing salaries or whatever advance we 
may make, with the salaries paid in former years, every person 
is confronted by this fact, the purchasing power of the dollar 
is only about fifty cents as compared with the purchasing power 
of the dollar six years ago. Therefore, an increase of one hun- 
dred per cent in salaries does not enable the recipient to pur- 
chase any more than he did with the salary that was paid at 
the time that I have referred to. 

Briefly stated, this is the situation: Because of increased at- 
tendance and the increased value of teachers' talents, and the 
depreciated value of the dollar, the state is compelled to make 
a substantial increase in the university's income to meet its re- 
quirements. 

The relief that is given must be given now in order to make 



Session of 1920 407 

it available for the second half of the present biennium and the 
first half of the next biennium, because an increased appropria- 
tion made by the coming regular session cannot be placed upon 
the tax roll until December, 1921. 

The present university income of three-eighths of a mill was 
established in 1911. At that time the institution had an attend- 
ance of 4,098 students, as compared with 7,000 at the present 
time. The tax does not now yield enough to meet the expendi- 
tures and I ask you to increase the rate to five-eighths of a mill. 

Based on the 1919 valuation the five-eighths mill would pro- 
duce $2,542,000, as compared with $1,525,000 under the three- 
eighths rate, or an increase of approximately $1,000,000. The 
total increased income should be appropriated as follows: 

For operation $998,529 

Maintenance 43,610 

Capital (books and apparatus) 25,000 

University extension operation 18,890 

These amounts will all be derived from the proposed increase in 
mill tax and increased revenues of the university. 

There should be appropriated from the general fund and made 
available immediately $90,700 for an addition to the chemistry 
building. The present building that is being used for that pur- 
pose is inadequate, is very much over-crowded — in fact, to a point 
where it may be said to be dangerous. The additions should 
be built this summer. 

If the hospital building is authorized, there should be appro- 
priated $750,000 for the hospital building, including the dispen- 
sary and clinic; $300,000 for a nurses' home and $450,000 for 
equipment, furniture and furnishings. These appropriations, 
however, to be spread over a three year period. No appropria- 
tion to be made for the medical extension at this time. 

Whatever statements I have made concerning the financial con- 
dition of the university apply to the other state schools as well 
and I recommend that you advance the mill tax for the benefit 
of the normal schools from one-sixth to one-third of a mill. The 
present rate of one-sixth of a mill yields $678,044 on present 
valuations. One-third of one mill would yield $1,356,089. 

This increase will care for the requirements of the nine nor- 
mal schools. At present it is necessary to make an appropriation 



408 Messages to the Legislature 

from the general fund each year for the support of the normal 
schools, and if the mill tax is raised to the basis that I have sug- 
gested the amount raised would be sufficient and will relieve the 
general fund of this burden. 

The additional requirement of the normal schools is $186,000. 
This amount, however, will be derived from the increased mill 
tax if the rate that I have suggested is adopted. 

The additional requirements of Stout Institute, the library 
school and the Wisconsin mining school will be presented to you 
in bills that have been prepared. 

The salaries of school teachers are fixed by the respective school 
boards, except insofar as a minimum salary is fixed by law. If 
in your opinion the present minimum teachers' salaries are in- 
adequate, I would ask you to enact legislation increasing such 
minimum, and at the same time empower the towns, cities and 
villages to raise the necessary funds therefor by increasing the 
present tax rate. 

The legislative session of 1917 passed a statute which created 
the offiice of county supervising teachers. The wisdom of this 
law has been sustained by the results that have been obtained, 
and I daresay that it has met with general public approval. 

The duties require good talent and a type of teachers should 
be employed for this service who have had a wide experience and 
are able to direct the work of younger or less efficient teachers. 
The maximum salary established by the statute is found to be in- 
sufficient, and I will ask you to make such advances as in your 
judgment will make the service a success. 

The question of advancing the salaries of county superintend- 
ents has been before several sessions of the legislature, and their 
demands have so far been refused. If we wish that the office of 
comity superintendent be efficient, as it should be, the salaries 
paid must be commensurate with the duties. The schedule now 
runs from $1,200 in counties having 100 or less teachers to $1,600 
in counties employing 175 or more teachers. 

A county superintendent to be effective must be a competent 
educator, and the people can hardly expect to attract good talent 
to this service unless the salaries are made more attractive, and 
I will ask you to again consider the request of the county super- 
intendents and give the matter such careful consideration as the 
interests of the schools demand. 



Session of 1920 409 

The system of vocational education that has been established 
in this state is popular and in fact most useful, because it gives 
an opportunity to those who become bread-winners early in their 
lives to piece out their education or to learn a trade which equips 
them for factories and other occupations that are remunerative. 
The demand for this type of schools is growing constantly and 
should receive our careful consideration. 

The amount of money available now is not sufficient to main- 
tain these schools at the proper standard, and I submit to you 
a bill which authorizes cities to increase their mill tax for this 
particular purpose. 

The present indications are that there will be a surplus of ap- 
proximately $1,000,000 in the fund raised for the purpose of pay- 
ing a cash bonus to the soldiers. The amount cannot be definitely 
stated until all the settlements have been made, which will prob- 
ably be about September 1st. 

I ask you to pass a statute that will permit the transfer of this 
surplus, which will be certified by the Service Eecognition Board, 
to the general fund and provide further that this sum of money 
shall be made available for the payment of the Soldiers' Educa- 
tional Bonus. The indications are that there will be a surplus 
in that fund, and the two combined should enable the Legislature 
to discontinue the collection of taxes for this purpose at an earlier 
date than is now provided by law. 

Bills will be presented to you to cover the other items in the 
call. The bills speak for themselves and require no discussion 
in this message. 

In conclusion I wish to state for the benefit of the members 
who may feel that the demands of our educational institutions 
are large, that we are confronted by a situation that admits no 
compromise. We must either produce the money that will en- 
able our educational institutions to carry on their work on a high 
standard, or accept the other alternative of reducing their effici- 
ency, which is a responsibility -that I would not wish to accept, 
and I feel certain that you would not wish to do so yourself. 

So far as state government is concerned, we have been able to 
live within our income, and the indications are that we can con- 
tinue to do so — no tax levy having been raised for general pur- 
poses during my administration. 



410 Messages to the Legislature 

Bills covering the subjects that are within my call are printed 
and will be placed upon your desks. I hope that this will aid 
you in your deliberations and shorten the session, as it is no 
doubt your desire to return to your homes as soon as possible. 



EXECUTIVE COMMUNICATIONS 

To the Honorable, the Senate: 

I return herewith bill No. 2, S., without my approval. 

In my call for a special session I asked for amendments to 
sections 20.36 and 20.39 of the statutes, increasing the mill tax 
for the support of the normal schools and the university. 

In my message to you I explained at length the requirements 
of these institutions caused by the large increased attendance, 
the necessity for additional instructional force, the public advan- 
tage in establishing a four year medical course and the construc- 
tion of a hospital in connection therewith, and the advance in 
salaries that are demanded by the teachers in these institutions. 

This bill instead of following the recommendations that I made 
to you for an increased mill tax, proposes to raise the sum re- 
quired, which is approximately $1,600,000 for the year 1921, by 
levying a surtax upon the income taxpayers of the state. 

This bill proposes to establish a new policy in taxation in the 
state of Wisconsin by placing a special tax upon the income tax- 
payers for a specific purpose. Former Legislatures proceeded 
upon the theory that incomes were assessable only for general 
purposes and that the money raised by the state from that source 
must go into the general fund to meet the general expenditures. 
Seventy per cent of the amount so collected reverted to the po- 
litical units where the citizens live who pay it. 

The soldier bonus bills passed by your Honorable Body at the 
last regular session was the first attempt to tax income payers 
for specific purposes, and although the Supreme Court found 
language in the constitutional amendment on income taxes which 
sustained the acts, it should not follow that the large sum of 
money that was given by the income taxpayers for patriotic rea- 
sons should be used as a precedent to permanently fasten an un- 
fair system of taxation upon any class of people in the state. 

If the principle laid down in this bill is going to be the estab- 
lished policy of the state, then it will be entirely competent for 
the Legislature to levy a special assessment upon the income tax- 



Session of 1920 . 411 

payers of the state for any specific purpose — in fact, there will 
grow up a tendency to place the entire burden of taxation upon 
a comparatively small number of people, which will, of course, 
mean the owners of industries and the business people in general. 
Briefly stated, it will result in unrestrained taxation of a small 
minority by a large majority, which will lead to extravagance 
and general wastefulness in the government. I do not object to 
an income tax for general purposes which is fairly distributed. 

The field for income taxes has been quite thoroughly exploited 
by the general government — in fact, it has been the only source 
from which it has been able to gather the larger portion of its 
necessary funds. The limit has probably not been reached. It 
is currently reported that the general government is short of 
many millions of revenue to meet its current expenditures. Ac- 
cording to the statements of the Secretary of the Treasury the 
avenues for taxation have about been exhausted and the govern- 
ment will probably be compelled to go over the old fields where 
the tax burden has already fallen heavily for its additional rev- 
enues. Even if the system of increased state income taxes were 
correct in principle, it would seem that we should surrender that 
field to the general government because when it is exhausted 
the government will find it is compelled to assess a direct or per 
capita tax against the states. 

In considering the subject of state income taxes we should 
bear in mind that but few states in the Union are now using 
that system for the purpose of raising revenues. We are bidding, 
as we should, for new industries. Every new factory established 
in the states gives employment to people who become the con- 
sumers of our agricultural products and the factory and its em- 
ployees become taxpayers and relieve us of part of the burdens 
of government. I am sure that no one would have the courage 
to say that we should not make every possible effort to bring new 
industries to the state, and yet if we are going to load them down 
with unreasonable tax burdens can we expect them to come, or 
will we be able to hold those which are here and able to get away 
if we show this unfriendly spirit towards them? 

In order that the income taxpayer's situation be understood, 
I will use two illustrations: Under existing statutes, both fed- 
eral and state, and with the additions proposed in this bill, the 
taxpayer who has a taxable income of $50,000 would pay a total 



412 Messages to the Legislature 

tax to the state and federal government of $18,446. A person 
with a taxahle income of $10,000 would pay the state and federal 
government an income tax of $1,483.50. 

By far the largest per cent of this class of incomes are made 
from property that has already paid the general tax. The in- 
dividual begins to pay a surtax on an income of $4,000. 

While this bill is limited to one year, it establishes a principle 
which I believe to be wrong, and the vote in the Senate indi- 
cates that many senators share this view w r ith me. The follow- 
ing senators voted against its passage: Senators Benfey, Bird, 
Buck, Burke, Cunningham, Jennings, Kuckuk, Mulberger, Nye, 
Peterson, Stevens, Wilkinson and Witter, total 13. The senators 
voting for the bill w r ere Senators Anderson, Arnold, Beyer, Bil- 
grien, Conant, Fons, Huber, Kleist, Olson, Roethe, Severson, Skog- 
mo, Staudenmayer and Wilcox. 

The argument has been made that the income tax assessed 
against manufacturers and business people in general is added 
to the price of the commodity w r hich they produce or sell and 
that after all the general public pays the bill. If that statement 
be true, then indeed we are making a poor start towards reduc- 
ing the cost of living — in fact, we should pursue a wiser course 
to meet this public necessity. 

The income tax is an unsatisfactory source of revenue for edu- 
cational institutions because of the uncertainty of the amount 
that can be collected from year to year under such a statute. 
Our schools must know definitely how much money they will 
receive from the public treasury each year with which to main- 
tain themselves. It is necessary that they know this in advance 
because they cannot establish a definite program unless they know 
how much money they are going to have with which to carry 
it out. 

The indications are that the incomes for 1919 have been sub- 
stantially reduced as against 1918, and the incomes of 1920 may 
present a still greater shrinkage. The demands by the United 
States government must be met first and the amount paid to 
the government can be deducted from the amount upon which 
the state can collect its incomes. It will readily be seen then 
that under declining business and a growing demand by the gov- 
ernment for increased revenues, the amount of money that can 
possibly be collected by the state from incomes is very uncertain 



Session of 1920 113 

and if the system of taxation provided for in this bill is adopted 
the revenues that can be raised under it had better go into the 
general fund for general purposes rather than to attempt to main- 
tain our educational institutions. 

There is still another and vital objection. Our educational in- 
stitutions have been created and are maintained for the benefit 
of all the people. We believe them to be democratic, and we 
wish them to remain so. If the university and the normal schools 
must look to a small number of business men and manufacturers 
for their revenues, they will ultimately be dominated by that class 
of people, a situation that none of us should desire. 
Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated June 3, 1920. 



To the Honorable, the Senate: 

I return herewith Bill No. 20, S., without my approval. 

This bill provides that the state shall contribute six thousand 
dollars to any county as its proportion for the erection of a county 
training school building. The statute now provides that the sum 
to be contributed by the state shall be three thousand dollars. 

If enacted into law this bill would change the policy hereto- 
fore followed. No demand has been made by any county in the 
state for this increase. 

The amendment to the bill was hastily prepared and I under- 
stand was not properly presented to the finance committee — in 
fact, I am now requested by members of that committee to veto 
it on that account. 

There seems to be no pressing need for this legislation and I 
feel that action should be postponed until the next regular ses- 
sion in order to give the members an opportunity to study the 
bill and ascertain the wishes of the people. 

I feel that I should not approve hasty or ill considered legis- 
lation and, therefore, deem it my duty to return this bill to you 
without my approval. 

Respectfully submitted, 

EMANUEL L. PHILIPP, 

Governor. 

Dated. June 4, 3 920. 



II 

PROCLAMATIONS 

1915-1921 



For The Year 1915 417 

PROCLAMATIONS 1915 TO 1921 
Hoof and Mouth Disease 

WHEREAS, I have been informed by the State Veterin- 
arian that the dangerous, infectious disease, known as foot-and- 
mouth disease, exists in several districts in the) United States, 
and that great danger still exists as to the further introduction 
of such disease into the State of Wisconsin. 

THEREFORE, I, Emanuel L. Philipp, Governor of Wis- 
consin, declare the following quarantine regulations to be in 
force after the publication of this quarantine proclamation and 
it shall be in force until modified by order of the State Veterin- 
arian. 

Ruminants and Swine. 

No cattle, sheep, goats, other ruminants or swine shall be 
shipped, trailed, driven or transported into the State of Wis- 
consin, from any state or territory where such shipments origi- 
nate from or pass through an infected state or area except such 
animals are consigned to Milwaukee or Cudahy yards for imme- 
diate slaughter. 

Horses. 
Horses which shall have been in or are in the Union Stock 
Yards, Chicago, shall not be transported or driven into the state 
of Wisconsin. 

Immigrant Movables. 

Immigrant movables containing wagons and farm imple- 
ments, bags, blankets, hay, straw, litter, horses or dogs, origi- 
nating in a quarantined area shall be disinfected and so certi- 
fied to by a state or federal inspector. Immigrant cars con- 
taining ruminants or swine from Iowa or Kansas, accepted 
only from free counties and owner shall certify that such stock 
has been in his possession since January 1st, 1915. 

Cars Used for the Transportation of Live Stock. 

All cars used for the transportation into the state of Wis- 
consin, or from one point within the state to another of stock 
other than for immediate slaughter shall have been cleaned and 
disinfected since last used for the transportation of stock. 



US Proclamations 

Containers for Feed or Grain. 

Peed or grain shipped into the State of Wisconsin which is 
contained in sacks shall have certification that such sacks are 
either new or disinfected. Corn shelled or on cob, grain and 
feed shipped in bulk shall be loaded only in cars which have 
been cleaned and disinfected since being used for the transpor- 
tation of stock. 

Counties and Towns in Quarantine 

The counties of Dodge, LaFayette, Green, and the townships 
of Erin, Hartford, and Addison in Washington County and 
Hazel Green and Jameson in Grant County, the counties of 
Dane, Rock, Walworth, Racine, Jefferson, Waukesha, Brown, 
Lincoln and Langlade, are and shall be in such q-uarantine as 
may be advised by the United States Bureau of Animal In- 
dustry and shall conform to such regulations as may be placed 
by the State Veterinarian with regard to the movement or re- 
striction of movement of ruminants and swine or other animals, 
hay, straw or litter, or any other products, which may be the 
means of carrying the disease. 

IN WITNESS WHEREOF, I hereunto set my hand and 
cause the great seal of this state to be hereunto 
affixed this 26th day of March, 1915. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 
J. S. Donald, Governor. 

Secretary of State. 



Arbor and Bird Day 

The people of Wisconsin have ordained and set aside each 
year a day to be observed in teaching children the use and beauty 
of birds, and trees, land of cultivating in them, at the time of 
the return of the birds and the general revival of nature, an 
appreciation of the benefits to be derived by protecting and con- 
serving these forms of life. 

Therefore, I, Emanuel L. Philipp, Governor of the State 
of Wisconsin, do hereby designate Friday the Seventh day of 
May, 1915, as 



For The Year 1915 419 

ARBOR AND BIRD DAY 

and I earnestly recommend that it be appropriately observed 
in all schools, public and private. It is the object of this holi- 
day to turn} the attention of the growing generation to those 
useful forms' of life that are too easily destroyed, and by im- 
parting an insight of their beauties and a deeper knowledge 
of their useful purposes, to create a spirit of protection and 
conservation in place of a spirit of destruction. 

Teachers in all grades of schools are urged to prepare les- 
sons and plan exercises such as will impress upon the minds of 
children the functions performed by birds and trees and teach 
them to take pleasure in cooperating with the benign purposes 
of nature. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison, this eighth day of March, 
in the year of our Lord, one thousand nine hun- 
dred and fifteen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
By the Governor: Governor. 

J. S. Donald, 
Secretary of State. 



Memorial Day 

Four anniversary years, rich in reminiscence of a great war 
and crowded with the dates of memorable battles are drawing 
to a close. During the semi-centennial of the years 1861 to 
1865, momentous events have been following each other in pro- 
cession through the memory and there has scarcely been a day 
that has not reminded us that it was the anniversary of a bat- 
tle. Vividly it has brought back to us the magnitude of that 
struggle and the heroic patience and sacrifice through which 
our national destiny was at last wrought out. And it has given 
us a renewed conception of the deep and enduring foundations 
upon which the Union has been built. 

The present year commemorates the scene at Appomattox 
and the beginning of a stronger union among our people. We 



420 Proclamations 

who now enjoy this heritage of peace and the blessings of a free 
and united country will therefore wish to give full observance 
to Memorial Day and by fitting ceremonials and tokens of flow- 
ers express our gratitude to the soldiers and sailors of the Re- 
public. 

The State of Wisconsin, whose soldiers have done their part 
on many battle fields, has instituted Memorial Day a legal holi- 
day, and has made it one of those few holidays whose date is 
set by statute and which is therefore independent of executive 
proclamation. But though it is thus independent of proclama- 
tion, I have thought fit in order to give the day as full observ- 
ance as possible, to proclaim it to the people. Therefore, I, 
Emanuel L. Philipp, Governor of the State of Wisconsin, do 
hereby designate and proclaim, the thirty-first of May, as 

MEMORIAL DAY 

and recommend its observance by the citizens of Wisconsin. Let 
it be a day of historic retrospect, of grateful remembrance of 
the nation's dead, and of profound reflection upon the bless- 
ings of the government whose principles they cherished and 
maintained. The people will join with patriotic societies in 
public exercises and the placing of flowers upon the graves of 
our soldiers. Of the Grand! Army of the 1 Republic but a scat- 
tering remnant remains. Let the aged veteran feel, as he leads 
the way to the last camping place of so many comrades, that 
he is the honored survivor of a war that is hallowed in history. 
The people, following their usual custom, will also decorate 
on this day the graves of their departed relatives and friends. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in the 
City of Madison, this tenth day of Septem- 
ber, in the year of our Lord, one thousand nine 
hundred and fifteen. 
Seal. 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 

J. S. Donald, 
Secretary of State. 



For The Year 1915 421 

Labor Day 

For the purpose of expressing a fitting appreciation of labor 
and the service it has rendered in the development of our coun- 
try, the American people generally have set aside a day on 
which the wheels of industry are stopped in order that all may 
have an opportunity to pay their respects to that large element 
of our population which contributes so much to our well-being. 

While the plans for the development of great public and 
private enterprises, for the construction of buildings and the 
work of the factory and shop are produced by an element of 
men why do not, strictly speaking, belong to the laboring classes, 
it yet remains for the laborer to carry out the plans designed 
by the men of technical training; and it matters not what we 
construct, the laborer is in the end the real builder. To them, 
then, more than to any other element of society, are we indebted 
for what we have accomplished, and, in order that we may ex- 
press our gratitude for labor's achievements, the law of the 
state sets aside a day to be observed as a general holiday. 

THEREFORE, I, Emanuel L. Philipp, Governor of Wiscon- 
sin, do designate Monday, September 6, 1915, 

LABOR DAY 

and request that citizens of the state observe the day in a man- 
ner that will give expression to the respect in which labor is 
held and show due regard for those who toil. Let us make man- 
ifest our appreciation of those whose industry has helped build 
up our state. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison, this second day of Sep- 
tember, A. D. 1915. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 

L. B. Nagler, 
Assistant Secretary of State. 



422 Proclamations 

A Warning 

WHEREAS, it has been ascertained that foot and mouth dis- 
ease again exists, particularly in the state of Illinois and that 
there is danger of further infection and spread; of the disease 
from, the transportation of live stock and from the use of ser- 
ums which are manufactured in that state for the prevention 
of hog cholera, 

THEREFORE, I, Emanuel L. Philipp, do hereby order the 
following regulations and declare same to be in full force until 
their repeal is recommended by the Department of Agriculture 
of the State of Wisconsin. 

(1) It is hereby ordered that all cattle, sheep or swine shipped 
into the State of Wisconsin for any other purpose than imme- 
diate slaughter from any state or territory shall be consigned 
only in cars which have been disinfected since previously used 
for the transportation of stock. 

(2) All horses shipped into the state of Wisconsin shall be 
loaded only in cars which have been disinfected since being 
last used for the shipment of live stock. 

(3) Any cattle, sheep, or swine to be transported wholly 
within the state of Wisconsin for any other purpose than imme- 
diate slaughter shall be transported only in cars which have 
been cleaned and disinfected, since previously used for the trans- 
portation of stock. 

(4) Horses from any closed area intended for shipment into 
the state of Wisconsin must have their feet, tails, mains, and 
their halters, blankets and other paraphernalia accompanying 
same thoroughly disinfected and this must be certified to by 
state or federal authorities. 

(5) No cattle, sheep, other ruminants or swine shall be ship- 
ped into the state of Wisconsin except from federal "Free 
Area" unless stock is consigned to slaughtering plants under 
federal supervision and inspection. 

(6) No hog cholera serum or virus manufactured in the state 
of Illinois shall be used on any hogs in this state until further 
order. 

IN WITNESS WHEREOF, I hereunto set my hand and 
cause the GREAT SEAL of this State to be 
Seal. affixed this 27th day of September, 1915. 

(Signed) 
J. S. Donald, EMANUEL L. PHILIPP, 

Secretary of State. Governor. 



For The Year 1915 423 

The Mueller Murder 

WHEREAS, it has been represented to me that on the eve- 
ning of September 24, 1915, or the morning of September 25, 
1915, near the Village of Marquette, Wisconsin, between the 
hours of eight o'clock, P. M. and eleven o'clock, A. M., some 
person or persons, unknown, did feloniously, wilfully and with 
malice aforethought, kill one Robert W. Mueller and one Mrs. 
Robert W. Mueller; that after their death the said person or per- 
sons, unknown, did place their bodies in the Mueller cottage on 
the banks of Puckaway Lake; that the person or persons, un- 
known, did wilfully fire the cottage to burn the bodies and all 
evidences of the crime ; and that the said person or persons, un- 
known, are still at large and that the ends of justice require 
that a reward be offered for the apprehension and conviction 
of the guilty parties; 

NOW THEREFORE, KNOW YE, that I, Emanuel L. Phil- 
ipp, Governor of the State of Wisconsin, by virtue of the au- 
thority vested in me by law, do hereby offer a reward of Five 
Hundred Dollars ($500.00) to be paid upon the apprehension 
and conviction^ due form of law, of the said person or persons, 
unknown, who committed the crime aforesaid, the said reward 
to be paid to the person or persons who shall apprehend and de- 
liver the said person or persons, unknown, to the proper officer 
of the County of Green Lake at the county seat thereof. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in the 
City of Madison, this thirtieth day of Septem- 
ber, in the year of our Lord, one thousand nine 
hundred and fifteen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 

L. B. Nagler, 
Assistant Secretary of State. 



424 Proclamations 

Thanksgiving Day 

As another year draws toward its close, the people of our 
state and nation have extraordinary reasons to be thankful. While 
other countries have been engaged in war, we have enjoyed the 
blessings of peace. In an era of carnage and destruction we have 
been allowed to keep on in our accustomed ways of industry and 
national growth. Want, pestilence and all the evils that fol- 
low in the wake of war have left our homes unmolested; and 
now that harvest-time is past nature has rewarded our labors 
with an abundance that has seldom been equalled. 

It is fitting that we receive these favorsi of Providence in a 
spirit of gratitude, and that, in accordance with our American 
custom, we set aside a day to render thanks for benefits received 
and take deeper thought upon the duties which such benefits 
impose upon us. 

Thanksgiving is the oldest of our American holidays. Its 
spirit preceded and gave rise to our more patriotic celebrations. 
It is the natural expression of a people whose ideals are those 
of peace and industry. It is the holiday of the pioneer who, with 
all his hardihood and self reliance, realizes that his good fortune 
is not all of his own making nor wholly due to any virtue of his 
own. 

As we have grown from a small country mainly concerned 
with agriculture and have taken our place among the mighty na- 
tions} of the world, the spirit of thanksgiving has remained with 
us and the holiday has been preserved to express our attitude 
as a people. 

The present year, with its compelling wider outlook upon 
world affairs, is well calculated to give it a still deeper and 
more thoughtful observance. Because of our fortunate situa- 
tion we have been allowed to' sit as a spectator nation watching 
nearly the whole world at war. While other homes are bereaved, 
fertile fields bereft of their laborers and the works of peace 
ruthlessly destroyed, we live at peace with the world and enjoy 
the fruits of our labor. 

Confronted with war such as has never been known, with 
whole populations involved in racial strife that gives an en- 
tirely new aspect to war, we cannot but turn our eye inward 
and see new causes for hope and gratitude. A composite peo- 
ple, made up of the! virtues of many races, and pledged to a 






Foe The Year 1915 425 

new ideal in government, our hearts have been torn in many 
directions by a natural sympathy with' our kinsmen across the 
sea; and yet this trying experience has only served to draw us 
closer to our own country and knit us together in stronger bonds 
of patriotism. 

For this, even more than for bounteous crops and such mate- 
rial benefits, we should be especially thankful. 

THEREFORE, I, Emanuel L. Philipp, ias Governor of the 
State of Wisconsin, and in conformity with a proclamation of 
the President of the United States of America, do hereby des- 
ignate and proclaim Thursday, the twenty-fifth day of Novem- 
ber 

THANKSGIVING DAY 
and recommend that it be generally observed. Let us unite with 
one another in remembrance of our blessings and thereby foster 
in our hearts the spirit of our nation, thankful, thoughtful and 
well disposed. And out of our own abundance let there flow 
a feeling of mercy to all men and a spirit of benevolence toward 
those who are not so fortunately situated. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in the 
City of Madison, this eleventh day of Novem- 
ber, in the year of our Lord, one thousand nine 
hundred and fifteen. 
Seal. 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 

John S. Donald, 
Secretary of State. 



Suffering Poland 

WHEREAS, The President of the United States, in response 
to urgent appealsl for aid, has set aside January 1st, 1916, as 
the day appropriate for contributions for the relief of the suf- 
fering people of Poland ; and 

WHEREAS, From official and other reliable sources comes 
the information that hundreds of thousands of people in war 
stricken Poland are suffering because of lack of food and cloth- 
ing, and that sickness prevails among them ; and 



£26 Proclamations 

WHEREAS, No relief is now available for them, except such 
as may be brought across the sea, because of the fact that prac- 
tically all of Europe is; engaged in war, I do, therefore, make 
this appeal to the people of the State of Wisconsin. 

We are now enjoying the blessings of peace and the fruits of 
a bountiful harvest. We can well afford to give of our surplus to 
the stricken people of Poland. Let us do this in the name of 
humanity, also as an appreciation of our own fortunate situa- 
tion, also as an evidence of sympathy for the thousands of sturdy 
American citizens who haves come to us from Poland and who 
have at all times shown their willingness to defend our country 
and its institutions. 

NOW, THEREFORE, I, Emanuel L. Philipp, Governor of 
the State of Wisconsin, in compliance with the Proclamation 
issued by the President of the United States do hereby proclaim 
Saturday, January 1st, 1916, the day for the collection of con- 
tributions for the Polish Relief Fund. Contributions for this 
purpose may be forwarded to the Red Cross Society at Wash- 
ington, or to the office of the Governor, to be forwarded by 
him to the proper authorities. 
IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this thirtieth day of De- 
cember, in the year of our Lord, one thousand 
Seal. nine hundred and fifteen. 

(Signed) 

EMANUEL L. PHILIPP, 
By the Governor: Governor. 

L. B. Nagler, 
Assistant Secretary of State. 



Jewish Relief Day 

WHEREAS, the President, in accordance with the unanimous 
action of Congress, has issued a proclamation calling the atten- 
tion of all citizens to the great needs and sufferings of seven 
million Jews in the war-stricken districts of eastern Europe and 
of Palestine, and has set aside a day for contributing to their 
relief, 

NOW, THEREFORE, I, Emanuel L. Philipp, Governor of 






For The Year 1916 427 

Wisconsin, pursuant to the above proclamation, do hereby des- 
ignate, Thursday, January 27, 1916, 

JEWISH RELIEF DAY 

and earnestly appeal to the citizens of our state to give liber- 
ally toward the relief of this suffering people. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in the 
City of Madison, this twenty-fifth day of Janu- 
ary, in the year of our Lord, one thousand nine 
hundred and sixteen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
J. S. Donald, 
Secretary of State. 



Arbor and Bird Day 

The people of Wisconsin, with a view to conserving the nat- 
ural wealth and beauty of the state, have provided by law 
for a holiday upon which children shall be taught the usefulness 
and beauty of birds and trees. With the coming of spring it 
is customary to arrange exercises for school children which 
will beautifully celebrate the reawakening of nature with the 
return of bird and blossom, and at the same time convey lessons 
upon the useful functions performed by birds and trees and 
their necessity to man. 

THEREFORE, I, Emanuel L. Philipp, Governor of the State 
of Wisconsin, in conformity with law and custom, do hereby 
proclaim Friday, the Fifth Day of May, 1916, 

ARBOR AND BIRD DAY 

and I recommend that teachers in all 1 schools, public and private, 
prepare programs and exercises which will impress upon the 
minds of children the importance of birds and trees in the 
economy of nature, and teach them to take an active part in 
conserving these useful forms of life. 



428 Proclamations 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in the 
City of Madison, this eighth day of March, in 
the year of our Lord, one thousand nine hun- 
dred and sixteen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
J. S. Donald, 
Secretary of State. 



Setting Seed Corn Week From March 27, to April 1, 1916 

WHEREAS, the attention of the Department of Agriculture 
has been called to the serious shortage of seed corn in Wisconsin 
arising from the unfavorable ripening season last fall, I deem it 
necessary to acquaint the public with the following facts : 

Many germinating tests have shown that little of the seed 
corn has sufficient vitality to make it safe for planting without 
securing a germinating test of each ear. However, much of 
the seed saved, though low in germination, has within it many 
ears of high vitality. These can be discovered and saved by a 
simple test of each ear. 

Many of Wisconsin's improved, home-grown and acclimated 
strains of corn that otherwise might be destroyed and lost to 
the state, in this way can be saved and profitably used. Greatly 
decreased stand and yield, and waste of time, money and effort 
surely will follow if the seed on hand is planted without proper 
testing. 

The situation) is so serious and the need for immediate action 
so imperative that I deem it advisable to publicly call attention 
to it. To this end, I hereby proclaim the week from March 27 
to April 1 as Seed Corn Week. I urge that during this period 
every farmer thoroughly test each ear of his seed corn and el- 
iminate all ears not showing high germination. I also suggest 
that business men of all classes encourage farmers in this work 
and that they render assistance in obtaining acclimated seed of 
high vitality. 



For The Year 1916 429 

IN WITNESS WHEREOF, I hereunto set my hand and 
cause the GREAT SEAL of this State to be af- 
fixed this 10th day of March, 1916. 
Seal. 

(Signed) 

E. L. PHILIPP, 
By the Governor: Governor. 

J. S. Donald, 
Secretary of State. 



Memorial Day, 1916 

The soldiers of the War for the Union have a permanent place 
in the hearts of the American people. The cause for which they 
fought and the spirit in which they left their peaceful callings 
to take up the work of war has made them a living force in the 
conscience of the Republic. As citizen soldiers who fought for 
peace and were averse to war, they set an example for all time ; 
and as such their spirits must ever march in the van of our na- 
tion's destiny. 

For these reasons the Grand Army is never dead. With each 
recurring year they stand before us as vividly as ever. The 
march of time has been unable to leave them behind. 

The day which is dedicated to their memory is not the anni- 
versary of a great battle. We do not celebrate Antietam, or 
Gettysburg or Appomattox. Their day is not one of noisy dem- 
onstration as when we triumph over an alien foe. It is simply 
a day in spring when nature brings forth flowers to lay upon 
their graves. It is a fit spirit in which to remember those val- 
ient hosts that felt no pride of conquest and left behind them 
no heritage of hate. 

The people of Wisconsin, in conformity with federal law, have 
provided for a day to be observed in their honor. Therefore, I, 
Emanuel L. Philipp, Governor of the State of Wisconsin, hereby 
designate Tuesday, May thirtieth, A. D. 1916, 

MEMORIAL DAY 
and I earnestly remind the people of their duty to keep it mem- 
orable. In schools and churches and in public meeting places 
where all may join, let us honor their memory and again con- 
secrate our lives and thoughts to those national ideals which 
they cherished more dearly than their lives. 



430 Pkoclamations 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of "Wis- 
consin to be affixed. Done at the Capitol in the 
City of Madison, this twelfth day of May, A. 
D., 1916. 



Seal. 



By the Governor: 
John S. Donald, 
Secretary of State. 



EMANUEL L. PHILIPP, 

Governor. 



Flag Day 

On the fourteenth day of June, 1777, Congress enacted the 
law adopting the stars and stripes as the banner of a new nation. 
In recent years there has been a growing sentiment among the 
people toward giving this day patriotic observance. It has be- 
come a time for the general display of the flag and for the hold- 
ing of exercises which will instruct the growing generation in 
its history and meaning. 

The flag of our country is the simplest and most beautiful 
expression of a national ideal. Its red andj white bars, repre- 
senting the beginnings of our history, are fixed in number; but 
that part which is called the Union, with its shining constella- 
tion on a field of blue, has always had room for another star. 
The flag, like the nation, stands for the idea of growth and sol- 
idarity. It is the flag of a country destined to grow, to take 
unto itself new seekers of liberty from all parts of the world, 
and not to become weak and disunited as it grows. As our na- 
tional motto is "One out of many," so our national banner, by 
a beautiful symbol, expresses the same idea. 

At the time it was adopted, the nation for which it stood did 
not exist except in the hopes and determinations of a people. It 
stood for an idea. Out of that idea, which found expression in 
this inspiring form, a nation was yet to be born. 

To keep this idea before us today, to understand it and feel 
its inspiration, is as important; as even it was. We cannot go 
forward as a nation and work out our destiny as a free peo- 
ple except by) the power of that ideal which has guided us in 
the past. Being such an emblem as it is, and of all flags the most 



For The Year- 1916 431 

significant and the most beautiful, it is well for us to fling it to 
the breeze upon its birthday and pause to give consideration to 
its -meaning. 

THEREFORE, L Emanuel L. Philipp, Governor of the 
State of Wisconsin, in conformity with custom and a proclama- 
tion issued by the President of the United States of America, 
hereby designate and proclaim Wednesday, June fourteenth, A. 
D., 1916, 

FLAG DAY 
and recommend that on that da} 7 there be a general display of 
the flag, special exercises and ceremonies in schools, public and 
private, and such honors to the flag as the, patriotic spirit of 
our people may prompt. 

IX TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this first day of June, in 
the year of our Lord, one thousand nine hun- 
dred and sixteen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 

John S. Donald, 
Secretary of State. 

June 19, 1916. 



To the People op Wisconsin : 

When national emergencies occur it is lawful for the Pres- 
ident to call forth to Federal service the Militia of the several 
States. 

He alone and exclusively has power to determine when the 
exigency for such calling forth has arisen. 

By order dated June 18, 1916, the President of the United 
States has called forth the Wisconsin National Guard to the 
number of one brigade of three regiments of infantry, one troop 
of cavalry, one battery of field artillery, and one field hospital. 

His call is the call of the Nation and as such I transmit it 
to the National Guard of Wisconsin. 

And I call not only upon those who are bound bv enlistment 



432 Proclamations 

oath to serve the State, but upon all other people of Wisconsin 
that by their aid and encouragement, as in previous wars, the 
quota of Wisconsin troops required for National services may 
he promptly filled and thereafter maintained, and to the fur- 
ther end that in place of those who go forth, there may be or- 
g nized, drilled and disciplined fresh troops to serve the State 
and the Nation if they shall be also called forth. 

EMANUEL L. PHILIPP, 
Governor and C ommander-in-CMef '. 
STATE OF WISCONSIN 
EXECUTIVE OFFICE. 
EXECUTIVE ORDER 
NO. 

June 18, 1916. 
Brigadier General Orlando Holway is hereby directed to pro- 
ceed to Camp Douglas, Wisconsin, and assume command of all 
troops of the Wisconsin National Guard mobilized in pursuance 
of the Order of the President of the United States, dated, June 
18, 1916, or which may hereafter be mobilized in pursuance of 
further such orders. He will establish headquarters on the Wis- 
consin State Military Reservation where the troops are to be 
quartered. 

EMANUEL L. PHILIPP, 
Governor and Commander-in-Chief. 



Convening Special Session of Legislature 

In the month of June the President of the United States called 
for troops, to restore order in Mexico and protect the Ameri- 
cans living on that frontier. In response to that call, four thou- 
sand Wisconsin guardsmen enlisted in the federal service and 
nearly all of them are now in the United States Army, sta- 
tioned in or near San Antonio, Texas. No definite informa- 
tion is obtainable as to the length of time their services will be 
required. So far as present indications may mean anything, it 
seems certain that they will not be mustered out for several 
months. 

The men of our guard who responded to the call of the Presi- 
dent are all citizens of our State and nearly all voters. I am in- 
formed by their commanding officers that they ask for the priv- 
ilege of casting their ballot at the general election in November. 



For The Year 1916 433 

Every patriotic citizen desires to exercise that right on election 
day and it is a privilege that should be accorded to all quali- 
fied citizens, and especially to those patriotic men who responded 
to the call of the President for defenders of our country at a 
time when there was reason to believe that the situation in Mexi- 
co was serious and that the protection of American lives; as 
well as the dictates of humanity, required 1 the presence of the 
American soldier in that territory. 

The right of giving the soldier the privilege to cast his ballot 
on the field, while in the service of the United States Army, is 
not a new one. It was given to the soldiers who served in the 
Union Army during the Civil War. The statute under which 
this right was exercised was, however, repealed by a subsequent 
legislature. 

I believe the rights of our soldiers should at all times be re- 
spected and that the matter above referred to is of sufficient im- 
portance to justify a special session of the legislature. 

THEREFORE, by virtue of the authority vested in me by 
the Constitution, I, Emanuel L. Philipp, Governor of Wiscon- 
sin, do hereby convene the legislature of this state in special 
session at the Capitol, in the city of Madison, on Tuesday, Octo- 
ber 10, 1916, at two o'clock in the afternoon, for the purpose 
of enacting such legislation as will permit citizens of the state 
of Wisconsin who are in the service of the United States Army, 
as well as others who are unable to cast their ballot because of 
absence from home, the right of their elective franchise. And 
the votes thus cast shall be counted as if the same had been 
cast in the election districts in which they reside. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison this third day of October, 
Seal. A. D. 1916. 

(Signed) 

EMANUEL L. PHILIPP, 

Governor. 
By the Governor: 

Jobn S. Donald, 
Secretary of State. 



434 Proclamations 

Labor Day Proclamation 

The people of the United States, more than any other conn- 
try in the world, have come to recognize the consideration due 
to labor. In this country, as in no other, the man or woman 
who toils is respected above all others. "Whether he or she may 
be one of those master minds which plan and direct the work 
of this nation, or one of those who carry out those plans, the 
worker has the respect and good will of all thinking people. In 
this country the worker, no matter how humble may be his ori- 
gin, may rise to the highest place in the land. By his industry 
he is known rather than by his caste or class. 

It has become the custom: to set aside one day_in each year 
in honor of labor, when all work shall cease, and those who toil 
may spend this brief period in rest and recreation, well earned 
by the application of each to his allotted task during the year 
just closed. It is a day when we should thoughtfully consider 
the advantages of the government under which w T e live, and 
counsel, one with another, upon those things which we can do 
to make that government better. 

Wisconsin always has recognized this day, and her people 
have responded to its obligations and have recognized its impor- 
tance as a state as well as a national holiday. 

THEREFORE, as Governor of the State of Wisconsin, I, 
Emanuel L. Philipp, do hereby designate Monday, the fourth 
day of September, 1916, as 

LABOR DAY 
and I recommend that on that day all work be suspended as far 
as possible, and that our citizens join with those who celebrate, 
to the end that the significance of the day may be brought home 
to our people, and that labor be accorded its just place in the 
thoughts of the citizens of Wisconsin. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-third day of 
Seal. August, A. D., 1916. 

(Signed) 

EMANUEL L. PHILIPP, 
By the Governor: Governor. 

J. S. Donald, 
Secretary of State. 




For The Year 1916 435 

Fire Prevention Day 

I desire to call public attention to a form of destruction and 
waste that is taking place in this state, and which should be 
prevented as far as possible, not only in the interests of those 
who lose their property but in the interest of the general public 
as well. 

Statistics from the State Fire Marshal's Department show 
that the average monthly loss in this state from fire is approxi- 
mately $400,000.00. In addition, there is a large toll of human 
life taken annually by the same cause. Such losses constitute 
an irreparable drain upon our resources. No doubt human life 
can be saved and the losses in money greatly reduced if greater 
precaution is taken to prevent fires. 

For the reasons set forth and for the purpose of arousing 
our people to a keener sense of the dangers of fire and to induce 
them to take a more active interest in fire prevention, I hereby 
proclaim, that 

Monday, the Ninth Day of October, 1916, 

the anniversary of the Great Chicago Fire, be known as 

STATE FIRE PREVENTION DAY 

and I earnestly recommend that our people observe the same by 
a general cleaning up of removal of rubbish, trash, and waste 
from their premises; 

That electric wiring, heating apparatus and chimneys be care- 
fully inspected and placed in proper condition for winter use; 

That all public and private institutions, hotels, asylums, fac- 
tories and theaters be carefully examined on that day and wher- 
ever necessary, that proper changes and corrections be made 
to further protect the safety of the occupants and the value of 
the property; 

That all local authorities give attention to the matter of bet- 
ter building regulations, stricter adherence to the building code, 
fire protection and fire prevention, as well as added apparatus 
for fire fighting; 

That the press, by timely publications pertaining to fire pre- 
vention and protection, arouse the public to a general cleaning 
up and encourage civic and other public gatherings on the sub- 
ject of firei waste of the State and the means for its preven- 
tion ; 

And that, lastly, fire drills be held on that day in institutions, 



436 Proclamations 

factories, in public, parochial and private schools, and I earn- 
estly recommend that teachers instruct their pupils, through 
short talks and proper programs on the dangers of fire and the 
methods of fire prevention. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of "Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this 12th day of Septem- 
Seal. ber, A. D., 1916. 

(Signed) 

EMANUEL L. PHILIPP, 
By the Governor: Governor. 

J. S. Donald, 
Secretary of State. 



Thanksgiving Day 

The autumn season has come to a close. Our crops have been 
gathered and nature will slumber until awakened by spring- 
time. It is the season of the year when we, pursuant to a long es- 
tablished custom, set aside a day to offer thanks for the bless- 
ings that have come to us during the year. 

As we review the events of the year, let us not be unmindful 
of these facts : Our State and Nation again have been blessed 
with bountiful crops. At a time when the greater part of the 
civilized world has been engaged in war and the people of the 
warring nations have been compelled to experience the horrors 
of war, we have been permitted to live in peace, to develop our 
industries and follow our usual pursuits. Neither pestilence 
nor want has come to us, and nothing has occurred to disturb 
our happiness except as our hearts have been saddened because 
of our sympathies for the unfortunate people of Europe who 
are engaged in a struggle, the end of which is not yet in sig 1 t. 

In view of the foregoing, we may well consider ourselves a 
favored people, and it is fitting that we set aside a day on which 
to render thanks for these blessings. 

As we assemble to offer thanks unto God for the blessings 
that have come to us, let us resolve that in our relations with 
other nations, and particularly with the belligerent; nations of 
Europe, our country's actions shall be fair and just and at all 
times humane. 



For The Year 1916 437 

Let us promote a spirit of generosity within us to the end 
that we may be charitable and give freely of our surplus to re- 
lieve the wants of the needy of other lands who have been im- 
poverished through war; also to our own people who through 
sickness or other misfortunes are unable to provide for them- 
selves and are therefore poor. Let us promote a spirit of friend- 
ship and goodwill to one another, and a love of country, that 
will ever make us a united people. 

In recognition of the kindness of Providence and in obedi- 
ence to our long established custom, and for further purpose of 
conforming with the proclamation of the President of the Uni- 
ted States, I, Emanuel L. Philipp, Governor of the State of 
Wisconsin, do hereby designate and appoint Thursday, the thir- 
tieth day of November, nineteen hundred and sixteen as 

THANKSGIVING DAY 

and I recommend that our people meet on that day in their 
accustomed places of worship and acknowledge their gratitude 
to God for the many favors that have come to us during the past 
year. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison this twenty-fourth day of 
November in the year of our Lord one thou- 
Seal. sand, nine hundred and sixteen. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 

L. B. Nagler, 
Asst. Secretary of State. 



A Proclamation 

WHEREAS it appears from the certificate of the chairman 
of the county board to Douglas County, Wisconsin, attested by 
the county clerk of said county, duly filed with me, that the 
county seat of justice of said Douglas County was 1 , by chapter 
10 of the laws of 1854, located upon section thirty (30), town- 
ship forty-nine (49) North, range, thirteen (13), West of the 
fourth principal meridian ; that thereafter the city of Superior 



438 Proclamations 

was duly organized within said county and that said city is, 
and has been for a number of years last past, a city of the sec- 
ond class ; that the territory of said city includes the parcel of 
land above described and that the county board of said county 
duly submitted the following question to a vote of the qualified 
voters of said county at the general election held in said county 
on the seventh day of November, A. D., 1916, to wit: "Shall 
the county seat of justice of said Douglas County, now located 
on section thirty (30) township forty-nine (49) north of range 
thirteen (13), west of the fourth (4th) principal meridian, be 
enlarged so asf to include all of the territory embraced within 
the limits of the city of Superior, Douglas County, Wisconsin. ' ' 
AND WHEREAS, it further appears from said certificate 
that a majority of all votes cast at such election on that subject 
was in favor of said enlargement: 

NOW THEREFORE, I, Emanuel L. Philipp, Governor of 
the State of Wisconsin, by virtue of the statute in such case made 
and provided, do publish, declare and proclaim that the terri- 
tory embraced within the limits of the city of Superior, Douglas 
County, Wisconsin, is the county seat of justice of the County 
of Douglas, State of Wisconsin. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this ninth (9) day of 
Seal. January, A. D., 1917. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 

L. B. Nagler, 
Assistant Secretary of State. 



A Proclamation 

In so much as our country is now engaged in a war with the 
central powers of Europe, the possible magnitude of which we 
must not under-estimate, I feel it my duty to call the attention 
of the people of the State of Wisconsin to the sacrifices that 
we must make and the responsibilities that we must assume in 
order that we may fully cooperate with the national govern- 



For The Year 1917 439 

ment in upholding the arms of our nation. Whatever disagree- 
ment there may have been about the necessity or advisability of 
engaging in the war is now a thing of the past. War is upon 
us and I cali upon every citizen of the State of Wisconsin to 
aid in the preparations that must be made to meet every emer- 
gency and to enable our state to do its full share in the support 
of our government. 

Military preparations must of necessity be controlled by the 
United States government. We shall be called upon to pro- 
vide our quota of troops and I feel confident that Wisconsin's 
sons will respond to the call of the President of the United 
States willingly and promptly and with the same spirit of pa- 
triotism that has characterized our soldiers in the wars of 
former years. 

Soldiers alone cannot carry on a war successfully. Battles can- 
not be won with empty commissaries. Troops must be equipped. 
Armies must be fed. No soldier can endure the hardships of a 
campaign unless he is properly; nourished. It is with a view 
of awakening our civilian population to a full realization of 
their duty in the present situation, therefore, that T address 
this message to the people of Wisconsin. 

The most important problem that confronts us now, and which 
must be met in no uncertain way, is to provide a supply of 
food. The high cost of living has been a source of complaint in 
our industrial centers for more than two years. The available 
stocks of food have been gradually depleted until we find our- 
selves practically without any surplus in our own country, and 
an absolute shortage seems to exist all over Europe. The price 
of some commodities, because of this shortage, has risen so high 
as to place them out of reach of the masses of the people 

To add to the seriousness of the situation is the fact that the 
South American grain crop is a partial failure and that a vast 
acreage of wheat in our own country has been winter killed. In 
the Canadian northwest there exists a shortage of labor, which 
will materially reduce the acreage of wheat in that section The 
fact that we shall enlist a large army of able-bodied young men 
and take them out of production, coupled with the further fact 
that large numbers of laboring men will be required in the 
factories that will produce the munitions and other supplies for 
our army, may produce a similar shortage of labor in our agri- 
cultural districts. 



440 Proclamations 

I regard this as a serious situation, particularly in view of 
the fact that we must feed an army in addition to our industrial 
population, and also provide food supplies to the people of 
Europe with whom we are upon friendly terms. 

In view of the foregoing, it is perfectly apparent that the man 
who works with a hoe will be a patriot in the service of his 
country, and I urge all who are able to work to contribute their 
part in the production of food, to the end at least that none shall 
contribute less than is required for their own support. What 
the country will need most are these plain articles of good: 
meat, potatoes and cereals for bread. 

I urge every farmer in the State of Wisconsin who has suitable 
land to plant enough wheat to produce the flour necessary for 
his own use, and a surplus if possible. I urge that he plant 
sufficient acreage of corn and, if possible, increase his herd of 
swine, to produce pork for the market. I particularly urge that 
the acreage of potatoes be increased. Every farmer should plant 
enough of this vegetable for his ow r n use, and wherever the soil 
is suitable he should make his potato field as large as he is able 
to cultivate. 

I urge our farmers, as a matter of patriotic duty, to cultivate 
every foot of their soil ; none of it is too poor to raise something. 
White navy beans and buckwheat will be in demand — in fact, 
anything that is food for man or beast will be a contribution to 
the pressing needs of our country. 

Our farmers should require no greater inducement than the 
present high prices of all farm produce to encourage them in 
the cultivation of every foot of tillable soil. The fact that no 
large stocks of food will this year be carried over is in itself an 
assurance that the price of farm produce will be high for another 
year, even if peace were immediately declared. 

It is reported that in some sections there exists a shortage of 
seed, particularly potatoes. The Department of Agriculture of 
the State of Wisconsin stands ready to act as a clearing house in 
the matter of seed supply, and all who have a surplus of seed 
of any kind should so advise Mr. C. P. Norgord, Commissioner 
of Agriculture, Madison, Wisconsin; and all who are short of 
seed of any kind should address the same official, who stands 
ready with his department to co-operate with the farmers of the 
state to the fullest extent in the matter of securing suitable 
seeds to plant the crop. 






For The Year 1917 441 

In order that we may conserve labor for agriculture and the 
necessary industries I recommend that public work, so far as 
it is possible, be deferred until such a time as labor shall not be 
so urgently needed for these purposes as it is at present. 

I wish to again impress upon the people of this state that the 
food situation is so serious that we will commit a moral wrong 
against our government if we m any way unnecessarily interfere 
with the production and successful harvesting of our agricul- 
tural products. 

I ask that all bankers, business men. farmers, societies, agri- 
cultural associations, labor organizations and, so far as possible, 
the schools of the state, interest themselves in the matter of in- 
creasing our agricultural products. 

I urge that the bankers of the state give aid in the form of 
loans, in reasonable sums, to farmers who may need assistance 
either in the purchase of seed or in the cultivation of crops. 

I recommend to the people of the cities, towns and villages 
that they plant liberal crops of vegetables on the vacant prop- 
erty, in order that they may supply themselves and thereby be 
protected against high prices of such commodities. 

I also recommend that the citizens practise all reasonable 
economy in the conservation of food, bearing in mind that un- 
der present conditions food wasted is food taken from someone 
who needs it. 

IX TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this thirteenth day of 
April, in the year of our Lord, one thousand 
nine hundred and seventeen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 

L. B. Nagler, 
Assistant Secretary of State. 



442 PROCLAMATIONS 

Arbor and Bird Day 

The advent of spring is proclaimed by the song of birds, the 
budding of trees and the blossoming of flowers. These things na- 
ture has provided. As an annual reminder of the necessity of 
conserving the wealth of beauty so bountifully bestowed upon 
our great state, the people have ordained by law that a holiday 
be declared for the purpose of keeping alive the appreciation 
of the value of birds, flowers and} trees, and to instill in the 
minds of the youths of the state a love for the beauties of nature 
and a desire to preserve and increase their value. 

In accordance, therefore, with established law and custom, 
I, Emanuel L. Philipp, Governor of the State of Wisconsin, 
do hereby proclaim 

Friday, the Fourth day of May, 1917, 
ARBOR AND BIRD DAY 

and I recommend that the day be observed by the planting of 
trees, the adornment of school and public grounds and by the 
holding of appropriate exercises in all the schools of the state 
to the end that the greatest possible advancement may be at- 
tained in harmony with the spirit of this proclamation. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-sixth day of 
April, in the year of our Lord, one thousand 
nine hundred and seventeen. 
Seal. (Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



Fixing Clean-up Week from May 7 to May 12, 1917 

With the coming of spring all nature puts on new and clean 
apparel. Trees cover their bare branches with leaves. Vines 
and shrubs put fourth buds and flowers. Barren fields become 
mantled with a carpet of green. 

Nature's work is often marred and hampered by mankind. 



For The Year 1917 443 

A pile of rubbish destroys an otherwise beautiful lawn. Dead 
limbs on trees detract from the beauty of a yard or field. Occa- 
sionally an otherwise beautiful residence appears bleak or bar- 
ren on account of the absence of trees, shrubs and flowers. 

Besides marring the beauty of nature, rubbish and filth breed 
disease. 

To the end that man may assist nature in Making Wiscon- 
sin a cleaner, happier, healthier and more beautiful state, and 
that its citizens may unite in a clean-up campaign, I, Emanuel 
L. Philipp, Governor of the State of Wisconsin, do hereby pro- 
claim the week beginning May 7, 1917, as Clean-Up Week, and 
urge all citizens during that week especially to clean their re- 
spective premises of all accumulations of rubbish, trim their 
shade trees) of all dead limbs and branches, plant shrubs and 
flowers and in all other possible ways assist nature in its annual 
clean-up campaign. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-seventh day 
of April, A. D., 1917. 
Seal. 

(Signed) 

EMANUEL L, PHILIPP, 
Governor. 
L. B. Nagler, 
Assistant Secretary of State. 



Memorial Day 

Fifty-two years ago a great struggle came to a close which 
established a new freedom in our country and demonstrated 
to the world that this republic can successfully resist an attack 
from within, despite the fact that it was often predicted by 
great men of the world that our government would fall because 
of its own weakness. 

The successful conclusion of the war of the sixties gave this 
republic a place among the first nations of earth and our gov- 
ernment a reputation of stability, and to our people a guaranty 
of their constitutional liberties. This great achievement was 



444 Proclamations 

secured to us through the unselfish sacrifice of our country's 
hest men and noblest women. 

With the exception of the brief period of the Spanish-Amer- 
ican War we have been blessed with unbroken peace since the 
close of the events of the sixties. We have prospered in the mean- 
time as has no other nation on earth. The righteousness of our 
cause that inspired the soldiers during the Civil War has been 
conceded by all, and we stand today as a united people, giv- 
ing full approval of every human right that can be demonstrated 
as being in the best interest of mankind. 

Many of cur people cherished the hope that we had reached 
a point in our civilization when it would no longer be neces- 
sary to resort to war to settle the disputes that may arise be- 
tween nations. It was generally believed that the peoples of 
earth had reached that point in their understanding of justice 
that it could at all times' be obtained without resorting to the 
sword. It was a high tribute to the intelligence of man and to 
his moral development. Unfortunately we are again disappoint- 
ed in our optimism. Our peace is again broken, and at this 
moment we find ourselves at war with one of the great powers 
of Europe. 

In the sixties the immortal Lincoln was compelled to call 
our best manhood to the colors to preserve the Union and es- 
tablish a freedom that would be guaranteed to all who live 
within the borders of our beloved country. Today our Pres- 
ident calls the flower of our young manhood to the colors, that 
we may enforce our rights upon the sea and carry that freedom 
which we cherish so much to the oppressed of other lands. 

As we gather to do honor to those brave men and women who 
fought our battles of former years and carried the duties and 
burdens of a nation during their time, let us pause and pray to 
Almighty God that in the struggle in which we are about to 
engage our arms may be successful, and that our brave young 
men who are offering their lives in the defense of their country 
will return to us with new glory won for our Flag. The obser- 
vance of Memorial Day in commemoration of the deeds of the 
men and women who served their country in the gloomy days of 
the past will, I hope, be an inspiration for those who are called 
upon to render a like service now. It is an expression of our 
gratitude for those deeds of heroism and self-sacrifice that have 



For The Year 1917 445 

mcde our nation great, which, I am sure, will be bestowed upon 
them in the years to come. 

The people of Wisconsin, in conformity with federal law, 
have provided for a day to be observed in their honor. There- 
fore, I, Emanuel L. Philipp, Governor of the State of Wiscon- 
sin, hereby designate Wednesday, May Thirtieth, A. D., 1917. 

MEMORIAL DAY 
and I earnestly remind the people of their duty to keep it mem- 
orable. I request that the people meet in the schools and church- 
es and other public meeting places and devote their thoughts 
to our national ideals, to sing patriotic songs and do those 
things which bring the hearts of the people closer to the folds 
of this great republic, which is our beloved home. 

IN TESTIMONY W T HEREOF I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this eighteenth day of 
May A. D., 1917. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



Registration Day 

Pursuant to an Act of Congress, the President of the United 
States has issued a proclamation, commanding all male persons 
who have attained their twenty-first birthday, and who shall not 
have attained their thirty-first birthday, on or before the date 
named hereinafter, to present themselves for registration in the 
precinct where they have their permanent homes, between the 
hours of seven A. M. and nine P. M., on the fifth day of June, 
1917 ; and every such person shall be deemed to have notice of 
the requirements of the law upon the publication of the Presi- 
dent's proclamation, which was issued in the City of Washing- 
ton, on the 18th day of May, this year. 

No one within the age prescribed by law, and above referred 
to, is exempt from registration, except officers and enlisted men 



446 Proclamations 

of the regular army, the navy, the marine corps, and the na- 
tional guard, and naval militia while in active service of the 
United States, and officers in the officers' reserve corps and en- 
listed men in the enlisted reserve corps while in active service. 

Those who are sick and those who expect to be absent on the 
day of registration, in cities of over thirty thousand popula- 
tion, should at once apply to the city clerk, and in all other 
sections to their respective county clerks, for registration 
cards ; and file same in their respective precincts on registration 
day. Persons absent from their homes attending schools, col- 
leges and other institutions, will be treated as absentees, and 
should register under the rules prescribed for such persons. 

The inmates of reformatories, penitentiaries and houses of 
correction, will be registered by the wardens on the days set for 
registration. The inmates of jails will be registered by the sher- 
iffs. Wardens and sheriffs are directed to secure the necessary 
card to provide their inmates, and to certify to the registra- 
tion of the same. Sheriffs will forward the same to the proper 
precincts; wardens will receive special instructions. Indians 
living upon reservations will be registered under the direction 
of the Commissioner of Indian Affairs. Indians not living on 
Indian Reservations will be registered the same as other per- 
sons. 

I wish to call the attention of the people to the fact that the 
duty of registering rests entirely on the man who is subject to 
registration, and any failure to do so subjects him to the pen- 
alties' of the law. The Act of Congress provides penalties as 
follows : 

Any person who shall wilfully fail or refuse to present him- 
self for registration or to submit thereto, as provided by the 
law, shall be guilty of a misdemeanor, and shall, upon convic- 
tion in the district court of the United States having jurisdic- 
tion thereof, be punished by imprisonment for not more than 
one year; and any person who shall knowingly make or be a 
party to the making of any false statement as to the fitness or 
liability of himself or any other person, for military or any other 
service under the law, or regulations made by the president 
thereunder, or otherwise evades, or aids another to evade, the 
requirements of the law or of the regulations, or who in any 
manner shall fail or neglect fully to perform any duty required 
of him in the execution of the law, will be guilty of a misde- 



For The Year 1917 447 

meanor, and, upon conviction in the district court of the United 
States having jurisdiction, will be punished by imprisonment for 
not more than one year. 

The law further provides : 

Police officers of any grade or class, of town, township, coun- 
ty,, state or nation, are required to render every assistance in 
the execution of this law. It is more especially the duty of 
such police officers to see that all male persons within the des- 
ignated ages have registered, and to report those who have not 
registered to the proper registration board for such action as 
may be necessary. Police officers may require any person to 
exhibit his registration certificate. 

It will be observed that the penalties of the law are severe, 
and I hope that no man subject to registration will attempt to 
shirk his duty in this respect. There is no possible escape from 
it, because those who may attempt to do so will be apprehended 
in course of time and will be obliged to submit to the punish- 
ment provided by law. 

I call upon all citizens, patriotic bodies, county defense coun- 
cils, and all other patriotic organizations, to give us their aid 
in making the registration a success. I suggest that every per- 
son who can do so make an effort to notify every man whom 
he knows to be of military age, reminding him of the fact that 
it is registration day, in order that he may not subject himself 
to the penalties of the law by reason of neglect or because of 
the fact that he had not received personal notice. If you have 
a friend who is forgetful, remind him that June fifth is the day 
upon which he must register. 

Our country is involved in a great war. The registration of 
our young men who are of military age is the first act by the 
government that makes us realize that we are engaged in war. 
No man can refuse his country's call, and I feel confident that 
the people of Wisconsin will respond without a murmur. They 
responded to the call of the country in the wars of former days, 
— they will do so now. 

The President wishes us to understand that this is not a draft, 
but a selection. That to be drafted for military service under this 
law merely means that the person so drafted has been found 
physically fit to render service as a soldier, and is asked by 
the government to do what we would expect him to volunteer to 
do. 



448 Proclamations 

I recommend to the citizens of the state that June fifth be 
made a memorable day in the history of the state of Wiscon- 
sin; that flags be displayed on public buildings and private 
homes, and that those who go to the booth and register, with the 
expectation of rendering a service, will receive the applause that 
is due a patriotic citizen. 

The day should be known by an appropriate name, and I sug- 
gest to the people and to the press of the state that we refer 
to it as DUTY DAY. 

Finally, I express the hope that the law and the proclama- 
tion of the President will be complied with by all citizens who 
are subject to it, that the unpleasantness of inflicting punish- 
ment may be avoided, and that you will enable me to say to 
the President of the United States, at nine o'clock in the eve- 
ning of June fifth, that Wisconsin stands ready to furnish her 
quota of soldiers to the nation. 

IN TESTIMONY" WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-third day of 
May, A. D., 1917. 
Seal. 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State, 



Flag Day 

Pursuant to custom, I wish to remind the people of the com- 
monwealth that June fourteenth is the anniversary of the adop- 
tion of our American Flag. It was created at a time when the 
American colonies were struggling for freedom. Inspired by its 
beauty and majesty, and the principles' of human liberty that 
it stands for, they succeeded in establishing a government that 
guarantees the fullest measure of freedom to its citizens and 
equality before the law. 

In the one hundred and forty-one years of its existence our 
flag and the American idea of government that it stands for 
has been attacked from without and within. It led the host 



For The Year 1917 449 

that repelled invasion as it did the great armies that preserved 
it for the Union. It came to be known in every land and upon 
the sea as the emblem of a great and growing republic that 
would ultimately convert the world to more humane principles 
of government, and a better regard for human rights. 

The American people have not sought to conquer the world, 
nor have they ever wished to acquire the territory of another 
people. It has, however, been their wish that the people of all 
the civilized world might enjoy the human rights that w T e prize 
so highly and that are guaranteed to us by our constitution. 

We believed it to be our settled policy that the stars and 
stripes remain on the American continent, and w T ith the excep- 
tion of our island possessions which are in the main a legacy 
of a war which we waged for the good of humanity, we have 
thus far adhered to that policy. 

A suitation has arisen in the world that compels us to carry 
our flag across the sea at the head of a great army of Ameri- 
cans to aid in the establishment of greater freedom on con- 
tinental Europe. Let us pray to God that this undertaking 
may be well directed and the human sacrifices that it will de- 
mand will be richly compensated, not by territory or wealth, 
but in the establishment of better conditions for the people of 
Europe, and the establishment of a permanent peace for all the 
world. Our beloved flag will lead the armies that we will send 
upon this new mission in Europe, as it will float over the Amer- 
ican ships upon the sea. As it inspires our soldiers and sailors 
so should it inspire those who are left at home to carry on the 
work of cooperation to supply the needs of our army and navy 
in order that our soldiers and sailors be properly supported and 
that their dependents shall not be reduced to want, and that the 
spirit of patriotism will prevail among our people ; all of which 
is necessary to make war a success. 

THEREFORE, I, Emanuel L. Philipp, Governor of the State 
of Wisconsin, in conformity with custom and a proclamation 
issued by the President of the United States of America, here- 
by designate and proclaim Thursday, June fourteenth, A. D., 
1917, 

FLAG DAY 

and recommend that on that day there be a general display of 
the flag, special exercises and ceremonies in schools, public and 



450 Proclamations 

private, and such honors to the flag as the patriotic spirit of 
our people may prompt. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this eleventh day of June, 
in the year of our Lord, one thousand nine 
hundred and seventeen. 
Seal. * 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 

Merlin Hull, 
Secretary of State. 



Red Cross Week 

Demand is being made by the Red Cross Society, with the 
endorsement of the President of the United (States, that one 
hundred million dollars be raised by the people of this country 
to support the Red Cross work during the war. 

The present indications are that we shall send large armies 
into the field and it is, therefore, necessary that liberal arrange- 
ments be made for the care of the sick and wounded. We owe 
it to our own boys who have expressed their willingness to join 
the army and to our countrymen, generally, that we make lib- 
eral provision for the care of our soldiers that we may save the 
lives of as many as possible of those who are wounded or be- 
come afflicted with disease. 

The Red Cross Society is established by an act of congress 
and is, therefore, an official organization. The President of the 
United States is its President and Ex-President William H. Taft 
is the chairman of the central committee. The society has un- 
dertaken the great work of supplying nurses and hospital stores 
as well as facilities and is, therefore, entitled to the support of 
the people. 

WHEREAS, the President of the United States has pro- 
claimed the week beginning June eighteenth Nineteen hundred 
and seventeen as 

RED CROSS WEEK 



For The Year 1917 451 

THEREFORE, I earnestly request that the people gather 
in our cities and towns and undertake the work of collecting 
money for this important service, and I trust that the people 
will full}' appreciate the important undertaking of the society, 
and will deal with it in a liberal spirit. All monies collected 
should be forwarded to the Red Cross Society at Washington, 
D. C. 

I ask the press to give this proclamation, and any other mate- 
rial that is offered in behalf of the Red Cross Society, generous 
space that all may be made acquainted with the necessities of 
the Society and its mission, so that each and every citizen will 
understand it, and will give according to his ability. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twelfth day of June, 
in the year of our Lord, one thousand nine 
hundred and seventeen. 
Seal. 

EMANUEL L. PHILIPP, 
By the Governor: Governor. 

Merlin Hull, 
Secretary of State. 



Labor Day 

The people, through their legislative bodies, have caused the 
enactment of laws which set aside a. day each year when all in- 
dustry shall cease, in order that the people may have an oppor- 
tunity to give expression of their appreciation of those who toil 
and have made the mighty progress of our country possible. 

It is fitting that this be done in order that all will realize 
that in this country there is but one class of citizens and that 
we are dependent upon one another for our peace and prosper- 
ity. 

At present our country is* involved in war and in order to 
succeed a great army must be organized and sent abroad, in- 
dustry must be maintained at home in order to support our 
soldiers as well as our civilian citizens. These two great tasks 
will, to a large extent, devolve upon labor because it consti- 
tutes the greater part of our citizenry. 



452 Pkoclamations 

For the work done and to be done labor is entitled to our 
thoughtful consideration, and it should be our desire that every 
man and woman who toils shall be fairly rewarded and that 
we do all things that are helpful to make the burden that labor 
carries as light as possible, to the end that all may feel that 
there is a wholesome cooperation in our efforts to accomplish 
the great task before us. 

THEREFORE, I, Emanuel L. Philipp, Governor of Wiscon- 
sin, do designate Monday, September third, 1917, 

LABOR DAY 
and request that the citizens of this state observe the day in a 
fitting manner and that they will give expression to the respect 
in which labor is held and show the regard that is due to those 
w T ho must assume the greater part of our country's burden. 
IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this thirieth day of Au- 
gust, A. D., 1917. 



Seal. 



By the Governor: 
Merlin Hull, 

Secretary of State, 



(Signed) 

EMANUEL L. PHILIPP, 

Governor. 



Fire Prevention Day 

In this crisis of the Nation's life, the question of conserving 
our resources, both natural and otherwise, is of vital importance. 
While the naval and military forces of the land are defending 
liberty, democracy and national existence, and in doing so sac- 
rificing their lives and substance, it is meet and necessary to 
call the attention of all to the unnecessary loss of lives and prop- 
erty at home, which the state and nation can ill afford at the 
present time. 

The annual report of the state Fire Marshal for the year 
1916, shows a fire loss for that year of nearly six million dol- 
lars, $494,415.00 a month, and $16,254.74 a day. Statistics fur- 
ther show many injuries and lives lost in fires. 



For The Year 1917 453 

Further, the industrial expansion due to the war has increased 
the number of employes, and especially those without experi- 
ence, and has speeded up men and machines. In the fever to 
produce, both employers and employees have forgotten safety 
cautions and movements, so industrial accidents have increased. 

Not the conservation of resources and the safety and protec- 
tion of workmen has become a national necessity and a patri- 
otic duty of all. 

NOW THEREFORE, I, Emanuel L. Philipp, Governor of 
the State of Wisconsin, in view of these facts, and to the end 
of arousing our people to the great need of conserving property 
and protecting lives, do hereby proclaim, Tuesday, October 9th, 
1917, 

FIRE AND ACCIDENT PREVENTION DAY 
and urge that it be observed in schools, in public meetings and 
safety councils and in such other ways as may be deemed suit- 
able. 

It is recommended that Mayors of cities throughout the State 
issue their proclamation, urging a general cleaning up of all 
combustible waste materials in buildings, alleys, yards and prem- 
ises, and the inspection and repair of chimneys, flues, stores, fur- 
naces and boilers, the careful inspection of hotels, theatres, asy- 
lums, factories, schools and other public buildings, with a view 
of correcting all life and fire hazards in them. 

Let all local authorities give attention to better and safer 
building construction, stricter adherence to building codes and 
regulations, the prevention of fires and accidents, and the up- 
building of the fire departments. 

Let teachers observe the state law requiring monthly fire drills 
in schools and point ou + . to their scholars the many causes of 
fires and accidents. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the city of Madison, this second day of October, 
Seal. A. D. 1917. 

(Signed) 

EMANUEL L. PHILIPP, 
By the Governor: Governor. 

Merlin Hull, 
Secretary of State. 



454 Proclamations 

Liberty Day 

The success of the Liberty Loan is so vital to the nation that 
every effort must be made to call the attention of our citizens 
to the fact that Libert}^ Bonds are now on sale and that the 
people of the state of Wisconsin must as a patriotic duty pur- 
chase their share of this government obligation. 

We are engaged in war. Our government needs the money 
to equip our army and navy. Without proper financial support 
our army cannot defeat the enemy on land, nor can the navy 
protect us on the sea. 

Our government is offering the people a good security — in 
fact, there is none better. The bond pays four per cent inter- 
est and should appeal to every citizen from purely an invest- 
ment standpoint. If there be any person who doubts its worth 
I wish to remind him that our country has never failed to pay 
it£ obligations on maturity, and if the time ever comes when 
the value of the United States bond becomes impaired, then 
all other property will be of doubtful value. 

The President of the United States has by proclamation ap- 
pointed Wednesday, the twenty-fourth day of October, as Lib- 
erty Day and urges and advises the people to assemble in their 
respective communities and pledge to one another and to the 
government that represents them the fullest measure of finan- 
cial support, and directs further that on the afternoon of that 
day that patriotic meetings be held in every city, town and vil- 
lage throughout the land. 

THEREFORE, I, Emanuel L. Philipp, Governor of the State 
of Wisconsin, do hereby declare Wednesday, October twenty- 
fourth, 1917, 

LIBERTY DAY 

and I urge the people to comply with the wishes of the Presi- 
dent in order that we may do our part in giving the necessary 
financial aid to our country. The money which the government 
asks for is for the purpose of carrying on our war, for the pro- 
tection of our country, our homes and our people and I shall 
look forward to a generous response to this appeal. 






For The Year 1917 455 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this seventeenth day of 
October, A. D., 1917. 
Seal. 

(Signed) 

EMANUEL L. PHIDIPP, 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



Food Pledge Week 

By direction of the President and the National Food Direc- 
tor, Mr. Herbert Hoover, the people of this Country are re- 
quested that beginning October twenty-eighth and ending No- 
vember third, 1917, they lay the foundation for a practical con- 
servation of food. Such rules and regulations as are necessary 
will from time to time be promulgated to be observed during 
the period of the War. Our fellow citizen, Mr. Magnus Swenson, 
whom Mr. Hoover has appointed as Food Director for the 
State of Wisconsin, acting under his authority, respectfully re- 
quests that the people of the State of Wisconsin observe the 
days that I have above mentioned as a Food Pledge Week. In 
addition to the observance of meatless Tuesdays and wheatless 
Wednesdays recently established in Wisconsin, and more recent- 
ly through Wisconsin's example established in the Nation, the 
people will be asked to sign the food pledge cards. The suggestion 
that we practice every reasonable economy in the use of food 
should at this time commend itself to every patriotic citizen. 
We must feed our Army and our Navy and contribute as much 
of our surplus as we can possibly spare to our Allies. The 
European countries that have made common cause with us 
are short of food. A large part of the male population of those 
countries are non-producers because they are engaged in War, 
and inasmuch as they are fighting our enemy it is just as im- 
portant to our success that we provide their soldiers with the 
necessary food to keep them at the front. We must not forget 
that every soldier of the Allies who becomes exhausted because 



456 Proclamations 

of lack of food must be substituted by one of our American boys. 
It then becomes a question of either furnishing food or fur- 
nishing men, and I feel confident that when our people under- 
stand our real necessities in this respect! they will be glad to 
forego luxuries and divide the necessities with the men who 
are defending our Country. 

Wisconsin once more has an opportunity to demonstrate its 
unquestioned loyalty and to add tb.^ weight and influence of 
its splendid citizenship to this national food conservation cam- 
paign. By eliminating waste, and living up to the simple pledge 
asked by the food administration, we shall be able to make a 
larger contribution to the food supply of the Nation. 

THEREFORE, I, Emanuel L. Philipp, Governor of Wiscon- 
sin hereby urge upon the people of this State the necessity and 
practicability of the observance of Food Pledge Week. I ask 
that every citizen assist the volunteers who will give their time 
to this work in Wisconsin, and that a representative of every 
home sign the food pledge card. I ask, further, that these 
cards be signed in the proper spirit, and with the determina- 
tion to keep that pledge during the months to come, for the 
observance and application of the promises made will be the 
test of this food conservation plan. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-seventh day 
of October, A. D., 1917. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



Thanksgiving Day 

We have reached the season of the year when the people of 
our state and nation have gathered their crops and nature is 
preparing herself for winter. The soil yielded sufficient food 
for our own people and a surplus that we may give to the peo- 



For The Year 1917 457 

pie of other countries who do not produce enough for their 
needs. Throughout the year there has been an abundance of 
work at good wages for our laboring men; our industries have 
prospered, and in so far as the domestic affairs of our state 
and nation are concerned, nothing has transpired to disturb 
seriously the public mind. 

Mingled with these blessings there has come to us, within 
the last year, the responsibility of doing our part in the great 
world war, the end of which is not yet in sight. 

To meet this obligation in a manner that will reflect credit 
upon our people of this generation it is imperative that we 
place the flower of our young manhood and all or.r treasures 
at the disposal of our government, if that be necessary to insure 
success. Our people have thus far responded to the calls of the 
government in a prompt and^ generous manner, thereby dem- 
onstrating their love for our country and its institutions, and 
their willingness to make an unselfish sacrifice for the good of 
humanity. 

Let us this day resolve to continue our generous cooperation 
and to devote all our energies to the successful prosecution of 
the war, in the faith that He who guides the destinies of 
nations will direct us and permit us promptly to put an end 
to the great calamity that has come to the peoples of: earth. 
As a nation we shall be richly compensated by the fact that 
the world knows that this great sacrifice which we are making 
is being made to secure a new freedom for the peoples of Eu- 
rope. This freedom will establish a lasting peace in the world 
and will give to them and to us greater security of life by re 
lieving them of the oppressions and cost of militarism and us 
of its menace. This will indeed be a generous gift to all man- 
kind. 

Our soldiers and sailors who are serving our country should 
be remembered in our devotions. May God give them that in- 
spiration that men need for success, in order that they may by 
gallant service spread new glory upon the pages of American 
history. 

Therefore, I, Emanuel L. Philipp, Governor of the State of 
Wisconsin, do hereby designate and appoint Thursday, the 
twenty-ninth day of November, the day set apart by the Presi- 
dent of the United States, as 

THANKSGIVING DAY 



458 Proclamations 

and 1 recommend that our people meet on that day in their 
accustomed places of worship and acknowledge their indebted- 
ness to God for the favors that have come to us during the past 
year and for His guidance in the great task that our country 
has undertaken. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-first day of 
November, in the year of our Lord, one thou- 
sand nine hundred and seventeen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



Red Cross Week, December 16th to 24th 

Christmas is almost here with its message of love and sym- 
pathy and of hope for the world. It is fitting that at Christmas 
time there should go out to the people of this Christian state 
and nation an appeal for the Red Cross. 

How finely appropriate it is to link together Christmas and 
Red Cross, particularly in this time of world calamity ! And 
how supremely important the work of the Red Cross is now ! 

The spirit of the Red Cross is the spirit of sympathy, the spirit 
of service and the spirit of mercy. It nurses the sick; it heals 
the wounded. It feeds the hungry; it clothes the naked. It 
cares for the soldiers and sailors on duty. It furnishes relief 
to the distressed communities and provides means for recon- 
struction. It is especially interested in the children of these 
communities and works unceasingly for their welfare. It fights 
distress in the war zone and at home, particularly tuberculosis. 
Its civilian relief for the families of soldiers and sailors prevents 
distress and hardship. It organizes hospital units and then 
turns them over to the Medical Corps fully equipped and fully 
manned. It sends millions of surgical dressings to our men. The 
Red Cross alleviates the horrors, distress and casualties of war. 



For The Year 1917 459 

It brings to our boys words of cheer, relief from pain and saves 
them from death in the hour of direct need. It is an important 
factor in hastening the day of victory for our forces by keeping 
our men mentally and physically fit. 

We can do no less than help in this work. We must sacrifice 
for an object so worthy. 

The American Red Cross is calling for fifteen million members 
in this nation and for three hundred seventy-five thousand and 
fifty-three members in this state by Christmas Eve. All preced- 
ing appeals to this state have been loyally, promptly and fully 
met. We will not fail in this. We can do what is asked. We 
will do it. 

In order, therefore, lo assist the Red Cross in its membership 
campaign, I, Edward F. Dithmar, Lieutenant Governor and 
Acting Governor of the State of Wisconsin, do hereby proclaim 
the week beginning December sixteenth and ending December 
twenty-fourth as Red Cross membership campaign week. I call 
upon every man, woman and child of the state to help Red Cross 
go ' ' over the top ' ' with the required number of members. Wis- 
consin in its usually effective and quiet way will do its utmost 
for the nation, and its response to this call of duty as well as 
of mercy will, I am confident, be in a genuine and war Christmas 
spirit. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this fifteenth day of De- 
cern, A. D., 1917. 
Seal. 

(Signed) 

EDWARD F. DITHMAR, 
Lieutenant Governor and Acting Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



For the Conservation of Fuel 
WHEREAS, the Fuel Administrator of the United States 
has directed that a large number of factories and business in- 
stitutions remain closed for five days, and thereafter each Mon- 
day for ten consecutive weeks, in order that the people of the 



460 Proclamations 

country may conserve fuel and at the same time relieve our 
transportation facilities, so as to give the railroads and steam- 
ship lines an opportunity to better serve our government in the 
transportation of those commodities necessary for the success- 
ful conduct of the war, and 

WHEREAS, It is the duty of every citizen to cheerfully com- 
ply with all rules and regulations promulgated by the United 
States Government, 

I, therefore recommend a full compliance with the order of 
the National Fuel Administrator and his duly authorized agent, 
Mr. W. N. Fitzgerald, Fuel Administrator for the state of 
Wisconsin, who represents the National Government in the ad- 
ministration of the order. 

A full and faithful compliance with the demands of the gov- 
ernment in the matter above stated will temporarily throw 
many people out of employment which will result in hardship, 
and I earnestly request that the welfare of all factory employes 
in the industrial centers who are affected by this order be pro- 
tected and that, so far as possible, either public or private em- 
ployment be furnished them to enable them to support them- 
selves and their families during this period of enforced idle- 
ness. 

I further recommend to the people of the state that they prac- 
tice every reasonable economy and particularly do I recommend 
that they abstain from the use of liquors in the interest of econ- 
omy, and I appeal to those who are engaged in the sale of liquor 
that they close their places of business during the four days, 
January nineteenth, twentieth, twenty-first and twenty-second. 
IN WITNESS WHEREOF, I have hereunto set my hand 
and caused the Great Seal of this state to be 
affixed, this eighteenth day of January, A. D. 
1918. 



Seal 



By the Governor: 
Merlin Hull, 

Secretary of State. 



(Signed) 

EMANUEL L. PHILIPP, 

Governor. 



For The Year 1918 461 

Convening Special Session of Legislature 
I, Emanuel L. Philipp, Governor of the State of Wisconsin, 
under and by virtue of Section 4 of Article V of the Constitu- 
tion of said state, which provides that the Governor shall have 
power to convene the legislature on extraordinary occasions, do 
issue this, my proclamation, to convene the Legislature of said 
state, at the seat of government at Madison, on the nineteenth 
day of February, A. D. 1918, at two o'clock in the afternoon 
of that day, to consider and act upon the following subjects of 
legislative business, towit : 

1. To pass an act authorizing the state to borrow money to 
repel invasion, suppress insurrection and defend the state in 
time of war, as provided by section 7 of Article VIII of the 
Constitution of the state of Wisconsin. 

2. To enact drainage legislation and to amend or repeal any 
of the drainage laws. 

3. To amend chapter 2 of the laws of Wisconsin for 1916 
special session, entitled "An act to create sections 11.69 to 11.82, 
inclusive, of the statutes, to permit electors absent on account 
of military service to vote at general and certain special elec- 
tions. " 

4. To pass an act providing for the filling of vacancies in 
the office of Senator of the United States by temporary appoint- 
ment by the Governor, until the next succeeding general elec- 
tion. 

5. To amend section 1636-48 of the statutes, to permit auto- 
mobiles and other vehicles to be run over the highways of the 
state, when in transit from the manufacturer to the dealer un- 
der the certificate of registration and license issued to such man- 
ufacturer or dealer. 

6. To enact such legislation as will permit an increase in 
the salaries of teachers in public schools in cities ofr the first 
class during the period of the war, and for one year thereafter. 

7. To make an appropriation to the Board of Regents of the 
Normal Schools to enable them to advance the wages of teach- 
ers in said schools during the period of the war, and for one 
year thereafter. 

8. To amend sections 772-4 and 772-10 of the statutes, relat- 
ing to civil service in counties having a population of two hun- 
dred thousand or more. 



462 Proclamations 

9. To amend the statutes relating to the registration of 
nurses. 

10. To repeal section 1728a-ll of the statutes. 

11. To amend sections 1728p to 1728za, inclusive, so as to 
make the same apply to cities of the second, third and fourth 
classes. 

12. To enact legislation amending the charter of Northwest- 
ern College at Watertown, Wisconsin. 

13. To amend subsection 5 of section 697-61 of the statutes, 
by increasing the number of county agricultural representatives 
and make an appropriation therefor. 

14. To enact legislation to permit the employment of pris- 
oners confined in the Milwaukee County House of Correction 
outside of said House of Correction and providing penalties for 
escape when so employed. 

15. To enact legislation prohibiting inciting or attempting 
to incite or aiding in inciting insurrection or sedition, and pro- 
hibiting the teaching or advocating of disloyalty to the national 
government or opposition to the state government, and prohibit- 
ing interfering with or discouraging preparation for national 
or state defense, and enacting such other legislation as will pro- 
tect our citizens during time of war and providing suitable pun- 
ishments and penalties therefor. 

16. To amend section 4607c of the statutes, so as to permit 
the manufacture and sale of skimmed milk cheese, providing the 
same shall be made in form or forms that will in neither ap- 
pearance nor shape imitate or resemble full cream cheese. 

17. To amend chapter 235 of the laws of 1917. 

18. To provide an appropriation to. complete present con- 
struction work together with equipment for buildings at Union 
Grove. 

19. To amend the banking law so as to enable state banks to 
qualify as the depositories for government funds. 



For The Year 1918 463 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this first day of February, 
in the year of our Lord, one thousand nine 
hundred and eighteen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



On Purchase of War Savings Stamps 

In times of peace, thrift and economy are prime virtues. In 
times of war, they are a necessity. A great thrift campaign has 
been started by the National Government, the purpose of which 
is to interest every man, woman and child in the country in sav- 
ing, so that they may loan to the government in this critical 
hour. 

Our country is calling! No individual is so rich or so poor 
that he should not join this movement. 

I want to especially urge that during this week, every man, 
woman and child, so far as possible, purchase from a postoffice, 
bank or other agency, not less than one Five Dollar United 
State War Savings Stamp, which will cost $4.12 and urge at the 
same time that those who can, purchase more. 

In this manner, if all will do their part, our aecummulated 
savings can be a tremendous factor in financing this war and 
helping us win a victory. 

I want to urge upon the school boys and girls the advantage 
of the opportunity that) is offered them to help their govern- 
ment, for these thrift stamps can be purchased in denomina- 
tions of twenty-five cents, and if each boy and girl in the nation 
will buy one, it will help to put our soldiers "over the top" and 
bring peace to this war stricken world. 

I wish to especially interest our teachers in this thrift move- 
ment, and ask them to daily remind the children in their schools 
to heed the call of the government. 



464 PROCLAMATIONS 

The lesson that will be taught will be helpful not only today, 
but in the years to come, and I particularly want to commend 
the hundreds of voluntary workers throughout the state of Wis- 
consin, who will engage in this campaign, and hope that the peo- 
ple of Wisconsin will extend to them their hearty cooperation. 
By virtue of the authority in me vested, and in the interest 
of the great National War Savings Campaign, ordered by the 
National Government I hereby designate the week commencing 
February 3rd, 1918 as "War Savings Week" in Wisconsin. 
IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the . City of Madison this second day of Febru- 
ary, in the year of our Lord, one thousand nine 
hundred and eighteen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



On Third Liberty Loan 

All citizens should appreciate that our country is engaged in 
a serious war and that it is necessary to raise a large army. We 
are calling the flower of our young manhood to the colors to 
meet this requirement. In order to make our soldiers effective 
we must give them the proper support. They require food and 
equipment — in fact all things that are necessary to properly 
maintain a soldier im the field. The expenditures of the gov- 
ernment for these purposes are necessarily large. 

Saturday, April Sixth, marks the first anniversary of our 
country's participation in the war. Our government finds it 
necessary to again call upon the people for their cooperation 
in the purchase of bonds, and is offering the Third Liberty Loan 
of three billion dollars, the bond to bear an interest rate of four 
and one-quarter per cent per annum. 

I call upon the citizens of this state to again prove their patri- 
otism by purchasing the amount set aside for us as our propor- 



For The Year 1918 465 

tion of this loan. The money invested in these bonds is in no 
sense a gift to the government. It is an investment. The se- 
curity given is the very best that the people can find for an in- 
vestment. Every citizen must come forward and, do his part. 
We must give the soldiers who have gone to France and those 
who are yet to go the assurance they they will receive the uni- 
ted support of their countrymen and that we stand ready to 
make any sacrifice that is necessary for their encouragement. 

It will be helpful if an announcement of this bond sale by 
the government be made in all public places where people as- 
semble, and I suggest that Sunday, April Seventh, shall be known 
as 

PATRIOTS' DAY 
and that ministers call the attention of their respective congre- 
gations to this call for the cause of the war and urge the people 
to respond in a generous manner. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this fourth day of April, 
in the year of our Lord, one thousand nine 
Seal. hundred and eighteen. 

(Signed) 

EMANUEL L. PHILIPP, 
By the Governor : Governor. 

Merlin Hull, 
Secretary of State. 



On Third Liberty Loan 

As the war progresses the necessity of the cooperation of all 
the people in the matter of providing the requirements of our 
soldiers becomes more apparent. Our American boys are daily 
leaving for the battlefield and their support, as well as the sup- 
port of our allies, makes it necessary that every citizen loan as 
much money as he can spare to the United States Government, 
in order to provide the treasury with sufficient funds to meet 
the large expenditures. 

It will not be a full compliance with the requirements of cit- 
izenship for any citizen to fail to do his duty in the present 
emergency in the affairs of our country. If we will all con- 



46G Proclamations 

tribute according to our ability to pay we shall be able to fi- 
nance our government now and during the period of the war. 
It is only by a full cooperation of all of our people that we 
shall be able to do this, and^a failure to provide our govern- 
ment with the necessary funds will result in national distaster. 

Our government isi now engaged in the sale of its bonds as 
authorized by act of Congress, and otherwise known as the 
' ' Third Liberty Loan. ' ' The bonds are as good as if they were 
secured by gold deposit and bear interest at the rate of four 
and one-quarter per cent per annum. No investor should be 
afraid to accept them, and the fact that they are sold in de- 
nominations as low as fifty dollars offers a splendid opportun- 
ity for people of moderate means to invest their savings in them. 

In order that the people may be brought together for the pur- 
pose of hearing discussions! of the war and its significance to 
the American people, and for the further reason that the fi- 
nancial necessities of the government be better understood nad 
in that way facilitate the sale of Liberty Bonds, the President 
of the United States has proclaimed Friday, April the twenty- 
sixth, as 

LIBERTY DAY. 
For the reasons set forth in this proclamation, and in compli- 
ance with the President's wishes, I recommend the general ob- 
servance of the President's proclamation, and further recom- 
mend that all schools and colleges be closed at noon on the day 
mentioned, and that all stores and business institutions except- 
ing banks be closed on Friday afternoon. 

I hereby direct that the Capitol of- the state be closed at twelve 
o'clock, noon, on Friday, April twenty-sixth, and that all state 
employees be given a half holiday on that day. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison, this twenty-third day of 
April, in the year of our Lord one thousand 
Seal. nine hundred and eighteen. 

(Signed) 
By the Governor : EMANUEL L. PHILIPP, 

Merlin Hull, Governor. 

Secretary of State. 



For The Year 1918 467 

Arbor and Bird Day 

Nature, always peaceful, always beautiful, again reminds us 
of the approach of springtime. The trees are budding, the flow- 
ers are coming forth and the birds are straining their sweet 
voices in their effort to please us with their song. 

Let us give expression of our gratitude for these beautiful 
creations by planting a tree in some place where a mighty oak 
has fallen or a shrub for one that has withered for want of 
care, to the end that beautiful trees and shrubs shall not grow 
less and the bird homes shall not be destroyed. 

May I be permitted to recommend to you, good people of Wis- 
consin, that this year when our country is engaged in a great 
war and we must give our sons to it that you plant an abundance 
of flowers? They will aid in dispelling the gloom or feelings of 
lonesomeness because of the absent ones, and for each son who 
goes to war let all who can plant a beautiful young tree to com- 
memorate his going. 

In accordance, therefore, with established law and custom, I, 
Emanuel L. Philipp, Governor of the State of Wisconsin, do 
hereby proclaim Friday, the third of May, 1918, 

ARBOR AND BIRD DAY 

And I recommend that the day be observed by the planting 
of trees, the adornment of school and public grounds and by 
the holding of appropriate exercises in all the schools of the 
state, to the end that the greatest possible advancement may be 
attained in harmony with the spirit of this proclamation. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison, this twenty-fifth day of 
April, in the year of our Lord, one thousand 
Seal. nine hundred and eighteen. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



468 Proclamations 

Thrift Stamp Day. 

In order to insure the success of our army in the great world 
war and enable our soldiers to bring back the American flag 
with new honors and furnish another bright page in American 
history it is necessary that we meet all the requirements of the 
army, and also those of our allies who are fighting with our own 
brave boys to defeat our enemy. 

Vast sums of money have been expended in necessary pre- 
paration and, if the war continues, no doubt still larger sums 
will be required. Large as these amounts may seem, there is 
no cost that is too high to save our country, our government 
and its institutions. A constant stream of money to the treasury 
must be maintained to meet our necessary expenditures, and for 
that we cannot depend upon large contributions alone. The 
small savings of the people must be relied upon to aid in securing 
what we must now provide. 

Our government is now seeking to borrow the small sums that 
are in the hands of our children, in addition to the larger 
amounts that can be contributed by the people of greater means, 
and for that purpose is offering for sale Thrift Stamps which 
can be obtained in sums as low as twenty-five cents. Nearly 
every person can afford to forego something for the sake of the 
success of the war that will enable him to contribute at least 
twenty-five cents, the cost of one stamp. Greater sums can be 
spared by many without inconvenience, and I therefore appeal to 
the people of Wisconsin to be liberal patrons at the Thrift 
Stamp sale, and I recommend that Saturday, the eleventh day of 
May, 1918, shall be observed as 

THRIFT STAMP DAY 

and I further recommend that at banks, stores and other places 
of business each and every customer be requested to purchase 
at least one Thrift Stamp. The sacrifice that will be made by 
each individual purchaser will be comparatively small, however, 
in the aggregate the amount of money that can be raised in 
this manner will reach a large sum and will substantially aid our 
government in prosecuting the war, which must be brought to 
a successful conclusion to save our country and our homes. 



For The Year 1918 469 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison, this eighth day of May, 
in the year of our Lord, one thousand nine 
hundred and eighteen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State . 



Red Cross Week 

The duty of caring for our sick; and wounded soldiers and 
the alleviation of suffering among the fighting forces and 
civilian population of our allied countries* has, by our govern- 
ment, been placed upon the American Eed Cross Society. 
During the year 1917. the American people generously con- 
tributed a large sum of money for this purpose. The Presi- 
dent advises us by proclamation that this sum is nearly ex- 
hausted and that another collection must be made in order to 
secure the means with which to keep up this work of mercy. 

The American people have fairly earned their reputation of 
being generous, and their hearts are easily touched by ap- 
peals for the relief of suffering humanity — it matters not 
where the appeal comes from. Now, our own brave boys 
must be cared for and as a humane people we can do no less 
than give proper care to those who have fallen upon the battle- 
field, regardless of the army or country to which they belong. 
We should liberally support those splendid women, the Red 
Cross Nurses, who are being sent to the battlefields to aid in 
the care of our fallen heroes and I make this' appeal to the 
people of Wisconsin for a liberal contribution to the Red 
Cross Society. 

I hope that no citizen will feel burdened because the de- 
mands for funds are frequent. We must appreciate that we are 
at war and the cost of maintaining the institutions is neces- 
sarilv lars-e. However, no cost can be so great as 1 would be 



470 Proclamations 

the cost of the loss of liberty to the world, and in this case 
it is our plain duty to make liberal provision for our soldier 
boys whom we have sent to the battle-line to defend us, and 
our allies who are fighting our fight with them. 

NOW, THEREFORE, I, Emanuel L. Philipp, Governor of 
the State of Wisconsin, in view of the above facts, and in 
conformity with the proclamation by the President of the 
United States, do hereby proclaim the week beginning May 
twentieth, 1918, as* 

RED CROSS WEEK 
during which money will be solicited by the agents of the 
American Red Cross Society to secure funds to carry on the 
work of that necessary institution, to alleviate the suffering 
of the soldiers and civilians whom the misfortunes of war 
have made helpless. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison, this eleventh day of May, 
A. D., 1918. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



Registration Day 

The President of the United States has, pursuant to law, de- 
clared June 5, 1918, as Registration Day under the Selective 
Service Law for all male persons who have attained the age of 
twenty-one years since June 5, 1917. 

The obligation to register is placed on all such male persons 
in the United States on June 5, 1918, whether citizens of the 
United States, persons who have taken out their first papers 
only, or aliens. Persons in the military or naval service of the 
United States are not required to register while they remain 
in such military or naval service, but are required to register 
immediately upon leaving it. 



For The Year 1918 471 

The place of registration is ordinarily the office of the loca] 
Board having jurisdiction of the area wherein the persons 
required to register permanently reside. Within the jurisdic- 
tion of the Local Board having an extensive area or poor rail 
road connections, additional places of registration will be estab- 
lished, and these will be announced in the public press. 

Persons who are likely to be absent from their homes on June 
fifth and who cannot register with the Local Board having juris- 
diction over their places of residence should present themselves 
at thei earliest possible moment to any Local Board wherever 
they may be. This Local Board will furnish such persons regis- 
tration cards, and certify to the answers; made on such cards. 
The duty is placed upon such persons to see that such cards are 
filed with the proper Local Board. This should preferably be 
done by registered mail. There should be enclosed with the 
card a self-addressed, stamped envelope in order that a regis 
tration certificate may be issued to the persons registering. 

Special provisions have been made to register the sick. 

Male persons of the designated age who, on account of absence 
at sea, or on account of absence without the territorial limits 
of the United States, may be unable to register as absentees will, 
within five days after reaching the first United States port, 
register with his proper Local Board or as provided for other 
absentees. 

The places of registration are required to be open between 
the hours of 7 A. M. and 9 P. M. on June fifth next. But 
though the offices will be open during these hours, it is con- 
fidently expected that the registration may be completed in 
this state before two o'clock in the afternoon. Every patriotic 
agency and all good citizens will cooperate with us in securing a 
complete registration early on June fifth. 

Wisconsin was the first state in the Union to report its regis- 
tration returns to Washington last year. This report reached 
the Provost Marshal General four hours before the reporl of 
the District of Columbia. It was a splendid illustration of the 
willingness of the citizens of this state to pull together, for a 
national purpose. It was only a beginning of the splendid serv- 
ice citizens everywhere in the' state have given to> the national 
government. I am confident that we can do again this year 
what was done last year. 



472 Proclamations 

I call upon all persons now administering the draft, all public 
officials, all good citizens, and particularly the newspapers of 
the state, to cooperate in this great common enterprise. 

I call upon all citizens who are willing to act as registrars on 
June fifth to offer their services to their own Local Board. 

When these twenty-five thousand men of the designated age 
present themselves for registration on America's roll for the 
cause of humanity and dedicate themselves to their country and 
the civilization of the world, let us all rededicate ourselves to 
the great cause to which the President of the United States, our 
Commander-in-Chief, has offered all our resources, human and 
economic. 

In conformity with the Proclamation of the President of the 
United States, I, Emanuel L. Philipp, Governor of the State 
of Wisconsin, do hereby designate and appoint the fifth day of 
June, nineteen hundred eighteen as 

REGISTRATION DAY 
and I call upon all persons of the designated age to present 
themselves on this day at the proper office of registration to 
enroll themselves for such military or other service as the con 
stituted authorities may determine, and I urge upon all good 
citizens that the day be fittingly celebrated; that the business 
interests of the state will give the young men who are required 
to register every opportunity to do so ; and that flags be dis- 
played on public buildings and private homes on this day of 
dedication. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison this twenty-fourth day 
of May, in the year of our Lord, one thousand 
Seal. nine hundred and eighteen. 

(Signed) 

EMANUEL L. PHILIPP, 
By the Governor : Governor. 

Merlin Hull, 
Secretary of State. 

Memorial Day 

In grateful remembrance of the patriotic men and women 
who gave their services to our country and the cause of freedom 



For The Year 1918 473 

during the Civil War, the people, through their legislative 
bodies, have declared that one day , each year shall be observed 
as Memorial Day in their honor. 

It is an American custom well observed to devote this day to 
patriotic services, and to otherwise honor the living and the dead 
of the great army of the sixties which in its time was the hope 
of the Nation. 

The ideals that this great army of patriots fought for and 
established for us are again assailed and this year finds us en- 
gaged in a great world war, fighting for our own political exist- 
ence and the permanent peace of the world. 

It is, therefore, fitting that we, in addition to our usual 
devotions, on this day direct our thoughts to the critical situa- 
tion that we are in and that we resolve to devote our lives and 
our treasures to the task of winning the war. 

The President of the United States, has, by proclamation, rec- 
ommended that Thursday, the thirtieth day of May, shall be 
observed as Decoration Day. He recommends that it be a day 
of public humiliation prayer and fasting, and exhorts his fellow- 
citizens of all faiths and creeds to assemble in their several places 
of worship and there, as well as in their homes, to pray to Al- 
mighty God that He may forgive us our sins and shortcomings 
as a people, and purify our hearts to see and love the truth and 
accept and defend all things that are justly right, beseeching 
Him that He will give victory to our army as they fight for 
freedom. 

THEREFORE, I, Emanuel L. Philipp, Governor of the State 
of Wisconsin, do hereby declare Thursday, May Thirtieth, as 

MEMORIAL DAY 
and I recommend that the people observe this day as herein 
suggested, and I call especial attention to the words of the 
President and advise our people to follow his recommendations. 
IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison, this 27th day of May, A. 
Seal. D.. 1918. 

(Signed) EMANUEL L. PHILIPP, 
By the Governor : Governor. 

Merlin Hull, 
Secretary of State. 



474 Proclamations 

On Sale of Thrift Stamps 

The stirring Memorial Day appeal of President Wilson calls 
attention to the needs of our country in the present great world 
war. It is an appeal to the people of the United States for 
hearty cooperation in all things needed to win the war. 

The people of Wisconsin have thus far been most generous 
in their responses to the calls of the government. Our young 
men of military age are joining the ranks of the army with a 
spirit of enthusiasm that gives assurance that they will do their 
part as soldiers. In our prompt and liberal contributions of 
money and service this state is winning the admiration of the 
people of our country. The sacrifices that we have thus far 
made will add a brilliant page to Wisconsin's war history. 

However, the end of the war is not yet in sight, and the 
splendid efforts that we have made in the past must continue. 
To meet the enormous expenditures that are necessary to assure 
success, we must learn to regard thrift as a virtue that all must 
practice. We can well afford to forego luxuries in order that we 
may save our earnings and loan them to the government to meet 
the expenditures necessary to carry on the war. Those who can 
give but small amounts are doing their "bit." The savings of 
our children, the working boys and the working girls, and the 
great army of wage earners, both men and women, if invested in 
government loans will, in the aggregate, amount to large sums 
and will be a substantial aid. 

In order to give all an opportunity to show their interest in 
our country and its welfare, the government is offering Thrift 
Stamps for sale, the value of which has been well advertised 
and is understood. The allotment to this stsate of this class of 
security is fifty-one million dollars. Our people have thus far, 
by their liberal subscriptions, regularly exceeded the amounts 
allotted to the state and I sincerely hope that in this collection 
the state will again meet the expectations of the government. 

On June twenty-eighth there will be meetings held in every 
schoolhouse in our state, and I earnestly request that the people 
attend these meetings and pledge themselves to purchase such 
amounts of these securities that our quota may be secured and 
that we may again be able to send work to our sons "over there" 
that our people are meeting every requirement of the war. 



For The Year 1918 475 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison this seventh day of June, 
in the year of our Lord, one thousand nine 
hundred and eighteen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



Flag Day 

I wish to remind the people of Wisconsin that June four- 
teenth is the anniversary of the birth of the American flag. It 
was adopted by an act of Congress June fourteenth, 1777, and 
marked the beginning of a new nation. 

In the one hundred forty-one years of its existence it has not 
failed humanity and has brought under its dominion a mighty 
nation that commands the respect of the civilized world. 

This free government which our fathers established for us is 
again in danger and this time it is threatened by a foreign foe. 
We are engaged in a great war with a European military au- 
tocracy, whose ideals are antagonistic to every principle that 
this great American Republic stands for. At no time since the 
civil war has it been so necessary for our people to rally around 
our National Emblem for the purpose of organizing for the de- 
fense of our National ideals, our country and our homes. 

Our people must not underestimate the importance and the 
difficulties of our undertaking, nor should we under these trying 
circumstances neglect even the small details of our duties as 
citizens of our beloved country. We are sending forth the flower 
of our young manhood to give battle to our enemy. We may 
well trust their hearts and their powers. However, we should 
not fall into the error of believing that a war can be carried on 
successfully by our soldiers unaided by the people of our coun- 
try. We who are permitted to remain at home must organize 
ourselves into one great army to aid in the production of all 



476 Proclamations 

things that are necessary to support our army and our allies. 
Every person, young or old who is capable of performing any 
kind of work must consider himself enlisted in the great Amer- 
ican army of production to back up the soldiers who are doing 
the fighting. 

I wish to again remind you, fellow citizens of Wisconsin, that 
great battles will not be won with empty commissaries, nor can 
the soldier spare any of his necessary equipment. All helpful 
industry will receive its reward. The man on the farm who is 
producing the food, and the man in the shop who is producing 
the equipment and the munitions; the good women who are de- 
voting their time and giving their labor to the work of the Red 
Cross and kindred activities; the professional and business men 
who are giving their time to the organization of the work — in 
fact, all men and women who are engaged in the great organiza- 
tion of industry and in some capacity give aid to our army, are 
property classed among America's patriots. We have but one 
kind of slacker now and that is he who is physically able but 
gives neither service nor money to his country. 

Let us this day resolve that the American flag shall wave over 
a united nation, that we shall stand shoulder to shoulder in the 
defense of our country, that we shall give no encouragement to 
those who wish to breed contentions at home, that we stand 
ready to make any sacrifice necessary to win the war and that 
we will accept no peace terms that are not a full compliance with 
the American purpose in the war. Let us fully sustain and give 
our confidence to the President of the United States and his 
aides upon whom rests the responsibility for the success of the 
war, and finally, let us prepare ourselves to meet our losses and 
temporary reverses with courage. All these promises and resolu- 
tions will be best observed if made under the American flag. 

THEREFORE, I, Emanuel L. Philipp, Governor of the State 
of Wisconsin, hereby designate and proclaim Friday, June four- 
teenth, 1918, 

FLAG DAY 
and recommend that on that day there will be a generous display 
of the flags, special exercises and ceremonies in the schools, pub- 
lic and private, and such other honors to the flag as the patriotic 
spirit of our people may prompt. 



For The Year 1918 477 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison, this twelfth day of June, 
in the year of our Lord, one thousand nine 
hundred and eighteen. 
(Signed) 



Seal. 



By the Governor: 
Merlin Hull, 

Secretary of State. 



EMANUEL L. PHILIPP, 

Governor. 



Soliciting Help For the Fatherless Children of France 

Because of the ravages of the war the civilian population of 
France has been submitted to great suffering. Her women and 
children have in many cases lost their homes — in fact their all — 
and it is said that many are wanderers, traveling about the 
country living on charity. Notwithstanding this depressing sit- 
uation her soldiers are fighting bravely with our own, and we 
have reason to believe that she will continue to give as long as 
she has a soldier to offer. 

Through an organization called The Fatherless Children of 
France, of which General Joffre is president, an arrangement 
has been made under which, for the sum of $36.50 per year, a 
child can be clothed and fed. This arrangement was made for 
the purpose of caring for those children particularly whose 
fathers have been killed in the war and who are now without 
support, and it is said that it will permit the French mothers 
to keep their children at home where they may themselves care 
for them. 

This appeal, coming as it does from little children, will, I am 
sure, reach the hearts of Wisconsin's men and women — in fact, 
of all Americans, and I recommend that on July fourteenth, 
which is the anniversary of the fall of Bastille, our men, women 
and children interest themselves in a collection for the benefit 
of the children of France. Gifts of any size may be sent to Mrs. 
Lawrence Fitch, chairman of the Central Committee of Eastern 
Wisconsin, 510 Back Bay, Milwaukee, and she will forward the 



478 Proclamations 

total sum donated to the French officers in charge of this charity 
which is headed by General Joffre. 

I also recommend that on that day the French colors be dis- 
played on public and private buildings of this state and that the 
Marsellaise be sung or played as generally as possible. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
the City of Madison, this eleventh day of July, 
A. D., 1918. 

(Signed) 
Seal. 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



On Labor Situation 

Our state has been blessed with a large crop of grain. It is 
particularly fortunate now that this is true, because of the great 
need for bread to support our army and our allies. It is of 
first importance to our government, and to the cause of the war, 
that this valuable crop be promptly and economically harvested. 

In common with the other agricultural states of the northwest, 
there is a great shortage of labor on our farms, due primarily to 
the fact that a large number of our young men of military age 
have gone into the army or navy, and to the further fact that 
increased numbers are employed in the manufacture of essentials 
for the government. 

I am advised by the Provost Marshal General that military 
necessities compel him to demand that every man who has been 
called be promptly forwarded to the military camps for train- 
ing, and that he cannot now grant furloughs or defer induction 
into the service because of agricultural necessities. 

The situation must be met in some way, and I feel confident 
that the people of the state, who are not engaged in farming 
will be willing to give their aid, so far as it is possible, in har- 
vesting the crop. 

To meet this great emergency, I call upon the people of the 



For The Year 1918 479 

cities, villages and towns to give as much aid to our farmers as 
possible, thereby dividing their time between their business and 
the farm, wherever such service is necessary, or to organize the 
labor that can possibly be spared temporarily and offer the same 
to the State Council of Defense for distribution wherever it is 
most needed. 

I am sure that much can be accomplished in this way, and I 
urge upon the people of the state to take this matter up in earn- 
est, and in the sense that it is in compliance with our patriotic 
duty to save our grain from ruin, in order that it may be used 
to feed the people who are dependent upon us. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in 
this City of Madison, this twenty-second day of 
July, in the year of our Lord, one thousand and 
nine hundred and eighteen. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



Labor Day 

The press reports that come to us each day remind us that 
our country is engaged in a great war, and that the future life 
of this nation depends upon its outcome. 

The work of our army and navy has proven to be splendid, 
as has the cooperation of the people. In our own state the result 
of our war work has been particularly gratifying. Every re- 
quirement of the government has been promptly and generously 
met; our young manhood has responded in a manner that be- 
speaks their patriotic sentiments. They have come from the 
office, the counting house, the shop and the farm. In fact, from 
every walk in life. And nowhere has there been any opposition 
to military service. In the matter of material, the response has 
been generous ; every demand for money has been oversubscribed, 



480 Proclamations 

and the work done by the Red Cross and similar cooperative 
societies has been most generous. 

The noble women of the state have come forward and are giv- 
ing their assistance in all things in which they can aid our 
soldiers. For all this, the people of Wisconsin have earned the 
reputation which is now freely conceded to us as being one of 
the foremost commonwealths of the United States in the matter 
of substantial support of the war. In considering the results 
that we have thus far been able to accomplish, we should not be 
unmindful of the fact that when war was declared, our country 
was without military preparation. We had practically no equip- 
ment with which to carry on war on land and no transports 
to carry soldiers and supplies across the sea. All this has been 
furnished in a little more than a year and a half, and our 
achievements in this respect must be disappointing to our. 
enemies. For all this we are indebted to the splendid coopera- 
tion that has been given by the labor of this country. The prod- 
ucts of the factory and the farm have made it possible to give 
the necessary aid to our allies and to transport our army across 
the sea, properly equipped for active service. 

This nation is indebted to its mechanics and laborers for the 
splendid work they have done and for the fine support they have 
shown through it all. We may feel confident that this splendid 
cooperation will continue and that labor will continue to produce 
necessary material and food to sustain our army and navy. The 
necessity of the hour is that we remain united, as one great pro- 
ductive organization, and with this assured, we> may feel con- 
fident that no power on earth can overwhelm us. 

The American people fully appreciate the part labor is taking 
in the support of the war, for what has been done, and for what 
may be done in the future, they will be ever ^grateful. The men 
and women who are doing the work in the country have come to 
us from all parts of the earth. The generous support that all 
the people are giving is substantial proof of the fact that the 
process of amalgamation has been a success and that entirely re- 
gardless of where our ancestors came from, all are Americans 
living under one flag, which we stand ready to defend to the end, 
no matter how costly that defense may be. 

Monday, September the second, has been set apart as 
LABOR DAY 



For The Year 1918 481 

and I recommend that on that day our citizens devote themselves 
to those toilers in order that all shall feel that honest labor, it 
matters not in what capacity, is honored and respected. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this thirty-first day of Au- 
gust, in the year of our Lord, one thousand 
Seal. nine hundred and eighteen. 

(Signed) 
By the Governor : EMANUEL L. PHILIPP, 

Merlin Hull, Governor. 

Secretary of State. 



Registration Day 

The President of the United States has, pursuant to law, 
designated September 12, 1918, as Registration Day for all male 
persons who shall have attained their eighteenth birthday and 
shall not have attained their forty-sixth birthday on or before 
September 12, 1918, unless they are in the military or naval 
service of the United States, >or unless they are now registered 
under the Selective Service Law. 

On that day the manhood of the Nation, between the desig- 
nated ages will willingly add their names to the honor roll of the 
eleven million men who have registered heretofore and who are 
serving their country splendidly in factory and on farm and 
gloriously in Picardy, in Alsace Lorraine, in Italy, and every- 
where, where armies today are fighting for righteousness. 

The thirteen million additional registrants called to such serv- 
ice, military, civil or industrial, as the constituted authorities of 
Local and District Boards shall decide, is merely another evi- 
dence of our determination to push to overwhelming victory the 
cause of justice and civilization in which we are engaged. The 
President of the United States says ' ' This will be our final dem- 
onstration of loyalty, democracy and the will to win, our solemn 
notice to all the world that we stand together in a common 
resolution and purpose. ' ' 

The military program requires a full registration on Regis- 
tration Day and an expeditious classification of the registrants. 
It calls for the whole-hearted and persistent cooperation of the 
State. 



t82 Proclamations 

The obligation to register is placed on all male persons of the 
designated ages in the United States on September 12, 1918, 
whether citizens of the United States, persons who have taken 
out their first papers only, or aliens. 

The place of registration will ordinarily be the voting place 
of the voting precinct in which the registrant resides. If for 
any reason in any locality this place is not used, special local 
notice will be given. 

The registration place will be opened at 7 o'clock in the morn- 
ing and will close at nine in the evening, though it is hoped the 
registration will be completed early in the evening. 

Persons who are likely to be absent from their homes on 
September 12th, 1918, and who cannot register personally with 
the Local Board having jurisdiction over their place of resi- 
dence should present themselves at the earliest possible moment 
to any Local Board wherever they may be. This Local Board 
will furnish such persons with a registration card and certify 
to the answers made on such cards. The duty, however, is placed 
upon such persons to see that such cards are filed with their 
own Local Board. This should preferably be done by registered 
mail. There should be inclosed with the card a self-addressed, 
stamped envelope in order that a registration certificate may be 
issued to the persons registering. Special provision has been 
made to register the sick. 

Male persons of the designated age who, on account of absence 
at sea, or on account of absence without the territorial limits of 
the United States, may be unable to register as absentees will, 
within five days after reaching the first United States port, 
register with his proper Local Board or as provided for other 
absentees. 

I call upon the Secretary of State, County Clerks, Boards of 
Registry, Inspectors of Election and all other public officials to 
perform such duties as are assigned to them by Chapter 196 
of the Laws of 1917 and by the Local Boards. 

I call upon all male persons of the designated ages, who will 
be away from home on Registration Day, to go now to the office 
of the Local Board and register. 

I call upon all other persons who are required to register to 
go early in the day to the place of registration and to enroll 
themselves in their country's service. 

I call upon every public agency, and every public official to 



For The Year 1918 483 

cooperate heartily with the Local Boards to see that wide pub- 
licity is given to the facts about Registration and that every 
facility is provided for a complete registration as early in the 
day as it is possible to have it. 

I call upon the newspapers of the State who so splendidly 
responded to the recent call of the draft administration for as- 
sistance in the special registration ; for even more generous as- 
sistance in performing the larger task that is immediately ahead 
of us. 

I call upon all citizens who are willing to assist in the regis- 
tration to offer their services to the Local Boards of the State. 

I call upon all citizens and residents who are not to register 
to dedicate themselves anew that there may the sooner be a 
"new birth of freedom" for the world. 

In conformity with the Proclamation of the President of the 
United States, I, Emanuel L. Philipp, Governor of the State of 
Wisconsin, do hereby designate and appoint the twelfth day of 
September, nineteen hundred eighteen as 

REGISTRATION DAY 

and call upon all persons of the designated age to present them- 
selves on this day at the proper office of registration to exercise 
the high privilege of enrolling themselves for such military or 
other service as the constituted authorities may determine, and 
I urge that the business interests of the state will give the men 
who are required to register every opportunity to do so ; that 
flags be displayed on public buildings and private homes; and 
that this day on which thirteen million of our people will form- 
ally dedicate themselves to the great cause of the country, of 
humanity, of civilization, shall be fittingly and solemnly cele- 
brated. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this third day of Septem- 
ber, in the year of our Lord, one thousand nine 
Seal. hundred and eighteen. 

(Signed) 
By the Governor : EMANUEL L. PHILIPP, 

Merlin Hull, Governor. 

Secretary of State. 



484 Proclamations 

Convening' the Legislature in Special Session 

I, Emanuel L. Philipp, Governor of the State of Wisconsin, 
under and by virtue of Section 4 of Article V of the Constitution 
of said state, which provides that the Governor shall have power 
to convene the Legislature on extraordinary occasions, do issue 
this, my proclamation, to convene the legislature of said state, 
at the seat of government at Madison, on the twenty-fourth day 
of September, A. D. 1918, at two o'oclock in the afternoon of 
that day, to consider and act upon the following subjects of 
legislative business, to-wit: 

1. Authorizing the Board of Regents of the University of 
Wisconsin, the Board of Regents of Normal Schools and the 
Board of Trustees of the Stout Institute, to cooperate with and 
expedite the plans of the Federal Government for military train- 
ing, and making the necessary appropriations therefor. 

2. Authorizing Counties, Towns, Cities and Villages to invest 
in securities of the United States Government. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this eighteenth day of 
September, in the year of our Lord, one thou- 
sand nine hundred and eighteen. 
(Signed) 



Seal. 



By the Governor: 
Merlin Hull, 

Secretary of State. 



EMANUEL L. PHILIPP, 
Governor. 



Fire Prevention Day 

In this time of war, it is of supreme importance that every 
resource of the nation, in men and materials, be protected and 
conserved. 

The abnormal strain of war production is in itself a hazard 
to life, limb, and property. 

Loss of man-power and wealth strikes at National power and 
efficiency as never before. 

It is today the patriotic duty of all, young and old, to prevent, 



For The Year 1918 485 

as far as possible, the loss of life through fire and accidents, to 
safeguard workers in fields, mines, shops, and factories against 
accidents, and to eliminate all conditions which may cause fires. 

NOW THEREFORE, I, EmanuelL. Philipp, Governor of the 
State of Wisconsin, for the purpose of arousing the people of 
this state to the magnitude of the needless loss of life and prop- 
erty, to induce them to take an active interest in fire and acci- 
dent prevention, and to realize their individual and collective 
responsibility in these matters, do hereby designate and pro- 
claim 

Friday, the first day of November, 1918 as 
FIRE AND ACCIDENT PREVENTION DAY 

I especially urge that general educational exercises and fire 
drills be held in all schools of this state, to emphasize the great 
waste of life and property, and the best methods of protecting 
both ; 

That factories employing a considerable number of workers 
have a fire drill; 

That all public and private institutions, hotels, theatres and 
factories be carefully inspected to discover and remedy all fire 
and life hazards ; 

That the public press, through its news columns and editorials 
comment, call attention to the wastage of man-power and wealth 
through fire and accidents ; 

That the teachers of our public schools give definite instruc- 
tion in methods of avoiding accidents and fires ; and 

That each individual citizen of this Commonwealth realize 
fully his duty to his neighbors and to the community to keep and 
maintain his premises in a clean and safe condition, free from 
life and fire) dangers. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this 15th day of October, 
Seal. A. D., 1918. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 

Merlin Hull, 
Secretary of State. 



4.86 Proclamations 

United War Work Campaign 

To the People of Wisconsin : 

With a thoughtful regard for the moral and social welfare 
of the millions of young men who are being called from their 
homes to fight for our liberties and for the liberties of all free 
peoples the United States government authorized seven great 
organizations to look after the well-being of the men in the mili- 
tary service at home and abroad. These organizations are the 
Young Men's Christian Association, Young Women's Christian 
Association, National Catholic War Council of Knights of Co- 
lumbus, Jewish Welfare Board, War Camp Community Service, 
American Library Association and Salvation Army. 

With a fine disregard for the technical differences which in 
civil life often separate them so widely, these organizations have 
proceeded to carry on the work assigned to them in a manner 
which commands the admiration of the civilized world, and have 
earned in particular the heartfelt gratitude of every family in 
our own country having a member in the service. 

These organizations are supported by the voluntary contribu- 
tions of the people of our country, and a joint campaign is soon 
to open for the raising of a total sum of $170,500,000.00 needed 
by them for the maintenance of their noble work. We should 
deem it not a duty merely but a high privilege to contribute of 
our substance generously to this great cause. The people of 
Wisconsin have responded with promptness to every military de- 
mand made upon them by the government, and have liberally 
and enthusiastically answered every call for voluntary help to 
sustain the war activities thus far — and they will not fail in this. 

NOW THEREFORE, I, Emanuel L. Philipp, Governor of the 
State of Wisconsin, do call upon the people of the state to lend 
their best effort and strength and give to the fullest extent of 
their means, to the appeal for funds that shall be made by the 
United War Work Campaign, beginning on November 10th next, 
for $170,500,000.00 to carry on their work so successfully begun. 

And I further request that this proclamation shall be read 
from every pulpit in the state on Sunday, November 10th, and 
on the following day in every school so that the children of the 
state also may to the extent of their ability join in this beneficent 
war work. 



For The Year 1918 487 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this 22nd day of October, 
A. D., 1918. 

(Signed) 



SEAL. 



EMANUEL L. PHILIPP, 

Governor. 



By the Governor: 
Merlin Hull, 

Secretary of State. 



Thanksgiving Day 

Because the hearts of our people have been moved to praise 
and Thanksgiving by the coming of peace after more than four 
years of strife and bloodshed involving nearly the whole civil- 
ized world, we approach tbel time of the year when it is our 
custom to give formal and public expression to our gratitude 
with a profound feeling and a solemn joy. 

The earth has yielded bountifully, we have prospered in our 
many undertakings beyond any preceding year, the hearts of 
the people have been stirred to generous response to the calls 
made upon their means, their time and their sympathies in 
carrying on their home share in the great strife, all of which 
call for thankfulness. But, beyond all these is the supreme 
cause for gratitude, that our nation has been permitted to have 
a worthy part in destroying despotism and in bringing to a suc- 
cessful close the greatest war of history fought for the noblest 
principles that ever inspired the hearts of men, and in ushering 
in an era of greater liberty and safety for the entire world. 

The cultivation of a spirit of genuine gratitude gives the 
strongest assurance that we shall make the highest use of the 
blessings which have come to us, and faithfully meet the sacred 
duties which they impose. 

NOW THEREFORE, I, Emanuel L. Philipp, Governor of 
the State of Wisconsin, in accordance with the proclamation of 
the President of the United States, do designate and set apart 
Thursday, the twenty-eighth day of November as a day of thanks- 
giving and praise. I recommend that the people of the state, 



488 Proclamations 

giving up their ordinary occupation for that day, do assemble 
in their several places of worship and in their homes and render 
thanks to Almighty God for the great blessings which have 
been vouchsafed to us. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-first day of 
November, in the year of our Lord, one thou- 
sand nine hundred and eighteen. 
(Signed) 



SEAL. 



EMANUEL L. PHILIPP, 
Governor. 



By the Governor: 
Merlin Hull, 

Secretary of State. 



Christmas Roll Call Week 

All humanity is passing through a critical time. The great 
battles of the world war have been fought, and by the will of 
God and the valor of our own and the allied armies, we have won. 
But this does not end our responsibilities, nor has the troubled 
world been brought back to a peace basis. Hunger and disease 
are always associated with war, and the stories of want and 
misery that are brought to us from the belligerent countries of 
Europe touch the American heart. I believe it to be the will of 
our people to render to humanity such assistance as we can and 
to lift the sufferers out of their unfortunate situation. 

The American Red Cross Society has rendered a fine service 
but its work is not yet done. While it is true that no more 
wounded are being sent back to its camps from the battle lines, 
there remain many thousands of disabled soldiers to be cared 
for, and what is still a greater task is to care for the unfortunate 
civilian population which has been impoverished by the war in 
those countries where hostilities have been carried on. 

The high esteem in which the American Red Cross Society is 
held by the American People has been clearly shown by their 
generous response to its needs. The money contributions have 
been very liberal and it is safe to say that only a small per cent 



For The Year 1918 489 

of our citizens who were able to pay anything declined to do 
their share. The Society must continue its work, but it does not 
wish to make any further campaign for funds in the manner in 
which these campaigns have heretofore been conducted. It is 
proposed now to raise its revenue through increased member- 
ship and I call upon every man, woman and child in the state, 
w T ho can possibly spare the membership fee to enroll with the 
Red Cross Society during the week of December 16th to 23rd, 
which will be known as 

CHRISTMAS ROLL CALL "WEEK 
IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this thirteenth day of De- 
cember, in the year of our Lord, one thousand 
Seal. nine hundred and eighteen. 

(Signed) 
By the Governor : EMANUEL L. PHILIPP, 

Merlin Hull, . Governor. 

Secretary of State. 



Fatherless Children of France 

The great war in which France lost nearly two million men 
has left more than half a million orphaned children under six- 
teen years of age in that country. Fully half of these children 
are dependent upon outside aid, their mothers being without 
sufficient means to maintain their families in the degree of com- 
fort necessary to ensure healthy physical growth. The French 
government allows twenty cents a day for each child but this 
is not enough to provide food, clothing and shelter. 

It was to meet this situation and make possible the assistance 
which the people of this country were eager to afford that in 
May 1918 there was incorporated under the laws of the State of 
New York "The Fatherless Children of France" an organiza- 
tion which in a most systematic way, in close cooperation with 
the parent organization in France is now caring for 85,000 
French orphans. The method pursued is for individuals and so- 
cieties of various kinds in this country to "adopt" one or more 
orphans and pay the ten cents per day necessary to be added 
to the twenty cents allowed by the French government, in order 



490 Proclamations 

that the children may have proper support. For each orphan 
then adopted in this country there is sent to France $36.50 an- 
nually being ten cents a day for each. 

No other organization is furnishing war aid in this country 
or elsewhere so inexpensively as the Fatherless Children of 
France for not a cent is taken for administration. Each orphan 
whose support is undertaken in Wisconsin or in any other state 
received the full $36.50. The head organization in New York 
is made up of a hundred or more people prominent throughout 
the country, whose financial responsibility makes certain the 
proper handling of all funds entrusted to them. 

A special appeal is now being made throughout Wisconsin 
and the entire country to, secure the adoption of more of these 
orphaned children. There are still 250,000 of them that full 
provision has not yet been made for, and every community of 
the state is to be canvassed for the purpose of increasing the 
list of adoptions. It is imperative that these children should be 
given relief immediately if they are not to suffer. This call 
comes as a challenge to our generosity, and gives us as well 
the most effective means of showing our admiration and sym- 
pathy for the French people whose noble and self-sarificing re- 
sistance to an unscrupulous foe during four and one-half years 
of struggle on their own soil has inscribed their name high on 
the scroll of fame. 

In every community there is an organization or individual 
that will receive your subscription. If one of these does not find 
you go to your local bank and ask it to forward your " adop- 
tion' ' subscription. Act at once so that Wisconsin will main- 
tain the fine record it has made since the war began for large- 
hearted generosity and loyalty. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this seventeenth day of 
December, A. D., in the year of our Lord, one 
seal. thousand nine hundred and eighteen. 

(Signed) 
By the Governor : EMANUEL L. PHILIPP, 

Merlin Hull, Governor. 

Secretary of State. 



For The Year 1919 491 

Father and Son Week. 

The boy of today is the man of the future. The duties and 
responsibilities, that rest upon men of mature years in our time, 
will be passed to the lad of today when he reaches manhood 
and takes the place of those who have lived before him. 

The young boy's mind is not yet trained in the ways of the 
world and he must look to those who are older than he for guid- 
ance. What he shall be in the future will depend to a large ex- 
tent upon the impression that those who are around him and 
whom he knows best will make upon his young mind. Because 
he is a boy and knows that he must prepare himself for the life 
of a man, he is anxious to be told about the duties and respon- 
sibilities that await him when he reaches manhood. 

I am sure that every boy likes the association of his father 
provided the father will keep close to the boy's heart. And in 
order to cultivate a closer relation between father and son, a 
custom has been established to obs'erve a certain number of 
days each year to be known as 

"FATHER AND SON WEEK." 
This year the managers of this worthy enterprise have decid- 
ed that we shall observe the days of February 11-17, both in- 
clusive for that purpose. 

I recommend to the fathers of Wisconsin boys that they give 
their young sons their special attention upon the days I have 
named. It will strengthen the bond of friendship between fath- 
er and son, which\ in turn will guide the young lad in his jour- 
ney from boyhood to manhood and give him an earlier and bet- 
ter understanding of his duties as a man and a citizen. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-fourth day 
of January, in the year of our Lord, one thou- 
seal. sand nine hundred and nineteen. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



492 Proclamations 

Fixing Clean-up Weeks for Municipalities 

With the advent of early Spring, stimulating early gardening 
and a freer outdoor life, conies the necessity for a general clean- 
ing up of premises inside and out. Every movement within 
reason that contributes to the tidiness, healthfulness and safety 
of our homes and industries should be given place in our do- 
mestic routine. Any conditions that detract from the beauty 
and healthfulness of our surroundings aid the forces that tear 
down. 

Not only should dead branches and old trees be removed, trees 
trimmed, and flowers, shrubbery and gardens cultivated, but 
due attention should be paid to the removal of rubbish and other 
wastes. Basements, often the receptacle for cast-off materials 
of many kinds, become not only dangerous to life through in- 
creasing the fire hazard, but may actually be unhealthful and 
productive of illness. More than ever before we are called upon 
now to safeguard the lives of our citizens in every possible way. 
Let us then be active in the field of domestic sanitation and do 
all things to promote a well ordered life for ourselves, our fami- 
lies and neighbors. 

In the interest of a more healthful, wholesome and safer 
standard of living, therefore, and in order that the citizens 
of Wisconsin may join in this common cause, I, Emanuel L. 
Philipp, Governor of the State of Wisconsin, do hereby pro- 
claim the weeks from April 28 to May 10, 1919, or such other 
periods as may through ordinance be designated by municipali- 
ties as Clean-Up Weeks, and urge all citizens during such peri- 
ods to clean up their premises within and without, ridding 
them of all wastes, the presence of which is a detriment to the 
appearance, orderliness and healthfulness of the surroundings, 
and in other ways to assist in making our homes and property 
safer and healthier for all the people. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, the third day of April, A. 
seal. D., 1919. 

By the Governor: EMANUEL L. PHILIPP, 

Merlin Hull, Governor. 

Secretary of State, 



For The Year 1919 493 

Arbor and Bird Day 

This is the season of the year when the birds return to their 
summer homes. The trees are budding and nature, which has 
been dormant during the winter months, has now returned to 
life. The people of Wisconsin with a view of conserving the 
natural wealth and beauty of the state, have provided by law 
for a holiday upon which children shall be taught the value of 
birds and trees.. 

The observance of Arbor Day began soon after the Civil War 
and from the beginning it has had a civic motive and an asso- 
ciation of patriotism. Another great war has come to an end 
and we shall seek many ways to perpetuate the memories of 
those who have made the extreme sacrifice. We wish to keep 
fresh our own memories of what they gave and it has been hap- 
pily suggested that we may do this by adorning with young trees 
our waysides* and our yards, each named for a fallen soldier. I 
suggest to our citizens that the origin of the day be borne in 
mind and request them to observe it by devoting it to tree plant- 
ing and to otherwise beautifying their gardens and homes. All 
this will bring cheer and will help us to remember the great 
victory which our armies have won and the sacrifices which our 
soldiers have made. 

In accordance, therefore, with established law and custom, I, 
Emanuel L. Philipp, Governor of the State of Wisconsin, do 
hereby proclaim Friday, the Second day of May, 1919, 

ARBOR AND BIRD DAY 
and I recommend that the day be observed by the planting of 
trees, the adornment of schools and public grounds and by the 
holding of appropriate exercises in all the schools of the state, 
to the end that the greatest possible advancement may be at- 
tained in harmony with the spirit of this proclamation. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-fifth day of 
seal. April, in the year of our Lord, one thousand 

nine hundred and nineteen. 
By the Governor: (Signed) 

Merlin Hull, EMANUEL L. PHILIPP, 

Secretary of State. Governor 



494 PROCLAMATION'S 

Seventieth Anniversary of the Admission of Wisconsin to 

the Union 

I take this occasion to remind the people that the twenty- 
ninth day of May, 1919, will be the seventieth anniversary of 
the admission of our state to the Union. 

As citizens of Wisconsin we are all deeply interested in the 
future development of our great state, also in the history of 
the generations that have passed away, who were instrumental 
in its organization and who performed the great labor of con- 
verting a wilderness into a state known throughout the Union 
for its agricultural and industrial development. 

I do not wish it understood that I am here proclaiming a legal 
holiday. It is, nevertheless, fitting that we honor by words and 
deeds the memories of the men and women who made this state 
of Wisconsin possible, and who laid the foundation for our 
prosperity. I therefore call upon schools and colleges, civic 
bodies and other organizations and the press of the state to ob- 
serve Wisconsin Day. I suggest that, particularly in our schools, 
the state's history be reviewed and the loyalty and patriotism 
of our citizens be given consideration in order that the younger 
generation may truly understand the Wisconsin spirit. 

Finally let us all glory in the achievements of this our com- 
monwealth and resolve that our state shall move forward in all 
matters that benefit mankind and that we may preserve for all 
time the well earned reputation of being an honest, industrious 
and enlightened people. 

I wish to further recommend that our schools review the 
achievements of our gallant soldiers and sailors who are now 
returning to us, and the patriotic w^ork carried on by our citi- 
zens during the gloomy days of the World War. The history of 
the state's cooperation is fresh in our minds now and should be 
transmitted to our children in the schools in order that they re- 
ceive a proper conception of the meaning of citizenship and the 
duties that it places upon all those who wish to enjoy that 
privilege. 



For The Year 1919 495 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-second day 
of May, A. D., 1919. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 

Governor. 
By the Governor: 
Merlin Hull, 

Secretary of State. 



Memorial Day 

The defense of our country and the protection of our ideals 
of government have caused the American people to make great 
sacrifice of human life and treasures. Those who came forward 
to defend the American flag and the institutions for which it 
stands are held in grateful remembrance by our citizens. 

For many years it has been our custom to assemble and re- 
view the patriotic service rendered by our soldiers and sailors 
during the days of the Civil War, when our patriotic citizens 
offered their lives that this Union of States might be preserved 
and the Republic might live. 

This year a new army is returning from the field of battle 
where it made its sacrifices in the interest of human freedom 
and American institutions, and the beautiful custom which we 
have established to do honor to our heroes of former wars may 
with perfect propriety be applied to the gallant American sol- 
diers and sailors who fought for our country in the great World 
War. 

On this solemn occasion I wish to remind our people that 
many Wisconsin boys are buried over seas and that their graves 
are therefore not accessible to us. It is desirable that wherever 
services are held special mention should be made of those who 
are slumbering in foreign lands and that we offer consolation to 
the bereaved parents and relatives of those who will not again 
return to us. 

As we gather to do honor to the brave men and women who 
fought our battles and brought victory to us let us pause to 



496 Proclamations 

thank God that the great World War has been brought to a 
close, that our armies were victorious and that our soldiers and 
sailors are being returned to us with new honors won for the 
American flag and the nation for which it stands. Let us pray 
that our country may not again become involved) in war and 
that the light of peace may lead the world for all time. 

The people of Wisconsin, in conformity with federal law, have 
provided for a day to be observed in the honor of those of whom 
I have spoken. Therefore, I, Emanuel L. Philipp, Governor of 
the State of Wisconsin, hereby designate Friday, May thirtieth, 
A. D. 1919 

MEMORIAL DAY 

and I earnestly remind the people of their duty to keep it mem- 
orable. I request that the people meet in the schools and church- 
es and other public meeting places and devote their thoughts 
to our national ideals, to sing patriotic songs, to decorate the 
graves of our soldiers and sailors and do those things which 
bring the hearts of the people closer to the folds of this great 
Republic, which is our beloved home. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-second day of 
May, A. D., 1919. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



Flag Day 

I wish to call public attention to the fact that June fourteenth 
is the anniversary of the birth of the American flag. 

On that date a year ago our country was involved in the great 
World War and we are sending the flower of our young man- 
hood to the front to give battle to the enemy. The battles that 



For The Year 1919 497 

turned the tide of war were fought during the succeeding sum- 
mer months. Our army was victorious and the major portion 
of the units furnished by this state have returned to their homes. 
It is our country's first experience in waging war upon Eur- 
opean soil and although our government was entirely unselfish 
in its purpose, the success of our arms was a matter of deep con- 
cern among our people. 

It is a matter of state pride that Wisconsin soldiers took a 
prominent part in i.he battles that turned the enemy and that 
their brilliant services have been officially recognized by our al- 
lies. 

Whether every hope that the American people entertained 
when they entered the war will be realized or not will not detract 
from our country's glory. The American purpose was to aid 
mankind by establishing an opportunity for a better and hap- 
pier life for the people of central Europe. Our army aided in 
destroying the militaristic power which made the realization of 
American ideals forever impossible. In doing that we rendered 
a valuable service to the world and our flag comes back to us 
with new glory because it has rendered a new service to man- 
kind. 

As citizens of a free country it is our duty to impress our 
youth, and in fact all who do not fully understand the value 
of our government and its institutions to the individual citizen, 
of its true worth as compared with the rights and privileges 
granted under other forms of government. 

Let us give our attention to the promotion of the true Amer- 
ican spirit and on this day teach reverence for the flag that 
stands for all that our freedom has cost and our forefathers 
have established for us. 

THEREFORE, I, Emanuel L. Philipp, Governor of the State 
of Wisconsin, hereby designate Saturday, June fourteenth, 1919. 

FLAG DAY 

and recommend that on that day there will be a generous display 
of flags, special exercises and ceremonies in the school houses, 
public and private, and such other honors to the flag as the 
patriotic spirit of our people may prompt. 



^98 



Proclamations 



IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this eleventh day of June, 
in the year of our Lord, one thousand nine 
seal. hundred and nineteen. 

(Signed) 
By the Governor: EMANUEL L. PHILIPP, 

Merlin Hull, Governor. 

Secretary of State. 



Boy Scout Week 

The Boy Scouts of America have rendered a valuable service 
to the Nation during the World War. They were effective 
bond salesmen and collectors for the Red Cross — in fact, they 
have demonstrated that it is an organization that should be 
encouraged. 

There is a widespread feeling among our people that the 
value of the American government to the individual citizen 
should be taught to our young people in the schools. It is part 
of the plan of Americanization that will produce the desired 
result of establishing a better understanding of the compara- 
tive worth of a government by the people as against the other 
forms that exist in other countries. 

The Boy Scouts are promoters of good citizenship, love for 
truth and the flag and are, therefore, a valuable aid to the 
schools in the work of promoting good citizenship. 

The President of the United States has by proclamation rec- 
ommended that the period beginning June 8th to Flag Day, 
June 14th, be observed as Boy Scout week for the purpose of 
strengthening the work of the Boy Scouts of America. It is 
the plan of the organization that sufficient aid be gathered 
during the period set aside by the President to enable it to 
strengthen its work. 

The institution is worth all that it costs and I earnestly rec- 
ommend that the people of Wisconsin all extend to it their 
usual generosity and give the organization the aid that it 
deserves. 



For The Year 1919 499 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this eleventh day of June, 
in the year of our Lord, one thousand nine 
seal. hundred and nineteen. 

(Signed) 
By the Governor : EMANUEL L. PHILIPP, 

Merlin Hull, Governor. 

Secretary of State. 

Five Hundred Dollars Reward 

Whereas, it has been represented to me that at a late hour on 
Monday, July 21, 1919, in the city of Keedsburg, Wisconsin, 
some person or persons, unknown, did feloniously, wilfully 
and with malice aforethought, assault and rob one George Don- 
ley, from the effects of which assault said George Donley died 
Sunday, July 26, 1919; and that the said person or persons 
unknown are still at large, and that the ends of justice require 
that a reward be offered for his, or their, apprehension and 
conviction. 

Now, therefore, Know Ye, That, I, Emanuel L. Philipp, as 
Governor of Wisconsin, do hereby offer a reward of Five Hun- 
dred Dollars, to be paid upon the apprehension and conviction 
in due form of law, of the said persons who committed the 
crime aforesaid, the said reward to be paid to the person or 
persons who shall apprehend and deliver the said person or per- 
sons, unknown, to the proper officer of the County of Sauk, at 
the county seat thereof. 

IN TESTIMONY WHEPtEOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in the 
City of Madison, this thirty-first day of July, 
seal. A. D. 1919. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
W. B. Naylor, 
Asst. Secretary of State. 



500 Proclamations 

Convening the Legislature in Special Session 

I, Emanuel L. Philipp, Governor of the State of Wisconsin, 
under and by virtue of Section 4 of Article V of the Constitu- 
tion of said state, which provides that the Governor shall have 
power to convene the Legislature on extraordinary occasions, 
do issue this, my proclamation, to convene the Legislature of 
said state, at the seat of government at Madison, on the fourth 
day of September, A. D. 1919, at two o'clock in the afternoon 
of that day, to consider and act upon the following subjects of 
legislative business, to-wit: 

1. To consider the enactment of such legislation as will 
grant the privilege to attend the university, normal schools, 
high schools, common schools, special schools or any private 
college located in the State of Wisconsin, to any soldier, sailor, 
marine or nurse, who rendered service during the world war, 
and who was in the service of the army, navy, or hospital corps 
of the United States, on or before the date of the signing of 
the armistice, and to provide for the payment to such persons 
of certain sums of money by the state in monthly payments 
during the period which such student attends such college or 
school, and to make the necessary appropriations for such pay- 
ments and to provide by adequate appropriation, the necessary 
facilities, including instructional staff in the university, normal 
schools, the public schools, and to create any special school or 
schools required and make the necessary appropriations there- 
for and to levy a special tax to raise the money necessary to 
carry out all of the provisions of such a law. 

2. To amend chapter 674, laws of 191(9, otherwise known as 
the Blue Sky Law. 

3. To amend chapter 542 of the laws of 1919, relating to 
county tax for needy soldiers. 

4. To amend chapter 660, of the laws of 1919, relating to 
the appropriation for the state superintendent of schools. 

5. To consider legislation validating bond issues of munici- 
palities, villages and school districts. 

6. To consider legislation permitting county boards to make 
appropriations for the collection, publication and distribution 
of war records. 



For The Year 1919 501 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol in the 
city of MJadison, this twenty-eighth day of Aug- 
ust, in the year of our Lord, one thousand nine 
hundred and nineteen. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 

Merlin Hull, 
Secretary of State. 



Labor Day 

It has been stated that war is destruction and that the world 
must pay the price. The World War has brought many condi- 
tions upon us that prove this statement. We read it in the 
daily press, we hear it in private conversation wherever we 
go, that economic conditions are everywhere disturbed. That, 
particularly in Europe production has been very much reduced 
because of the great loss of man power and the unsettled con- 
dition of governments. Although the production of food has 
been greatly reduced in Europe, the people must nevertheless 
be fed, and this fact has created an export demand for Ameri- 
can food products far greater than any that our country has 
heretofore experienced. The government report of exports tes- 
tifies to that fact. This' abnormal export demand is in a large 
degree responsible for the high price of food in our own coun- 
try which is being so much complained of by our people and, 
particularly, the laboring classes. No doubt speculation has 
contributed its part to this condition, it always has during ab- 
normal times, and history has in this regard again repeated 
itself. 

Too much is expected of legislation to provide the remedy 
that the people are looking for. Natural laws must be given 
a chance to do their part. Nor can these laws be substituted 
by legislative enactment. Time will gradually work out the 
problem of the cost of living, and the process will not be com- 
pleted until the world's stock of food and other necessities of 



502 PROCLAMATIONS 

life, which have been neglected during the period of the war, 
are replaced. This may seem a slow process. The restless will 
grumble and the agitator will scold. However, entirely regard- 
less of these manifestations, legislation and threats will offer 
but a weak and disappointing remedy, and the people will be 
compelled to wait for their relief until production will again 
overtake consumption. One thing is certain, we shall not be 
able to reduce the cost of living by enforced idleness, and the 
men, who are today advocating strikes and other forms of dis- 
content, are causing the production to be further reduced, 
which will have the effect of reducing the stock of food sup- 
plies and other necessities of life, and which will in the end still 
further increase the cost of these supplies. The remedy lies in 
keeping at work, and in that way increase our stock of prod- 
ucts rather than to stand idly by and consume our surplus. If 
we are going to keep our balance during this period of recon- 
struction, both labor and capital should be reasonable and con- 
siderate of each others' interests. The question of wages and 
working conditions should be settled without strikes. And 
above all labor ought not to be influenced at this time by politi- 
cians, who are breeding discontent for no better purpose than 
to promote their own political interests. 

The season of year is fast approaching that will make de- 
mands for fuel, better clothing and warmer houses. It would 
be unfortunate indeed if the laboring man should at this time 
drop his tools and forego his earnings and enter the winter 
with an empty hand to meet the demands that will be made 
upon him. This does not mean that labor shall not be justly 
dealt with. No country can prosper long where capital does 
not deal fairly with those who toil for it. But I wish to repeat 
that most reasonable demands can be secured without strikes 
and that labor should not during these times lay too much 
stress upon conditions that have no direct relation to wages. 

Monday, September the first, has been set aside as Labor 
Day, and I wish to express the wish that the day be devoted 
to the creation of a better relation between employers and 
employes. That each will be willing to learn the needs of the 
other and that a conciliatory spirit be created, that will have 
a tendency to protect us against industrial idleness, which 
would be the greatest misfortune that could come to all the 
people of our country at this time. 



For The Year 1919 503 

I hereby declare Monday, September the first, as 
LABOR DAY 
and recommend that it be generally observed as a holiday 
throughout the state of Wisconsin. ' 
IN TESTIMONY "WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the city of Madison, this twenty-ninth day of 
August, in the year of our Lord, one thousand 
nine hundred and nineteen. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 

Governor. 
By the Governor : 
Merlin Hull, 

Secretary of State. 



Armenian Relief 

The war has, w T e hope, determined that peoples driven from 
their countries by brutal invasion shall have the right to return, 
possess their lands in established peace, and live their own 
national and political life. 

For 3000 years the Armenians, who are probably the most 
ancient Christian people in the world, have formed a barrier 
against the Paganism of the Orient, and have been for over 
50O years the most industrious and intelligent people in the 
Turkish Empire. The refusal of the Armenians to fight with 
Turkey against the Allies, let loose upon these helpless people 
a crusade of torture and murder so diabolical as to be impos- 
sible of description. Over 4,000,000 of them have been massa- 
cred, their young women have been dragged into nameless 
captivity ; and of the survivors, 1,500,000 are starving to death, 
dying by the thousands daily. If we let these people perish, 
we will be completing the work the Turk set out to do. This 
for the Americans must be an impossible thing. At this point 
the war for us is not yet over. 

There are now 450,000 helpless, starving little orphans in 
Armenia with no one to look to for aid but America. This 
country has never had a greater opportunity than is hers now 



504 Proclamations 

in caring for these 450,000 children, and in building in the 
heart of Asia a nation, the influence of which will permeate 
throughout that continent. With Turkey in unrest, all of Asia 
is in turmoil. With Asia in arms, Europe must necessarily be- 
come embroiled, and when Europe goes to war, America now 
knows only too well the result for her in life-blood and ma- 
terial resources. If we save these people we save the world; 
let them perish and the world will be lost to the dread of war 
for another generation. It is not going to be a brief task to 
make this nation of children self-supporting and independent, 
and to instill into them idealism of government and life, but 
it is a task decidedly worth while. 

To save the life of one of these orphans costs only seventeen 
cents a day or $5.00 per month. The American committee for 
Armenian-Syrian Relief is incorporated by Act of congress 
and is responsible to congress for report of its work. Its re- 
mittances are sent through the state department; its accounts 
in Asia are audited by American Consular Agents. Wisconsin 
headquarters have been established at 212 Baker Block, Racine. 
Mr. Walter J. Kasten of Milwaukee, is state treasurer. 

I urge upon every household in Wisconsin, that can spare 
money from its own requirements to give a helping hand to 
these starving children to the extent of agreeing to pay each 
month the sum necessary to maintain one young life. They 
are truly poor and they belong to the lowly. Said the Master : 
"As ye do unto the least of these, so do ye unto Me." 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the city of Madison, this thirtieth day of Aug- 
ust, in the year of our Lord, nineteen hundred 
and nineteen. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 

Merlin Hull, 
Secretary of State. 



For The Year 1919 505 

Fire Prevention Day 

The great waste of property in our state by fires, a large 
per cent of which can be traced to carelessness, makes it neces- 
sary for me to again call the attention of the people of the 
state to that fact and admonish them to exercise greater care 
in the maintenance and management of heating apparatus 
both in the home and in the shop. The high cost of new build- 
ings and our cramped housing facilities in the cities makes fire 
prevention a matter of unusual importance. 

I also wish to call attention to the fact that many accidents 
are occurring in the shops, on the highways and on the streets 
of the cities of our state in which men, women and children 
have been maimed, and in a large number of cases lives have 
been lost, causing an irreparable loss and grief and sorrow in 
the homes. No doubt many of these accidents could have been 
avoided by the exercise of greater care, and I regard it im- 
portant that our people give at least one day to serious reflec- 
tion on how to avoid unnecessary accidents to life and prop- 
erty, in order to minimize the damages caused by carelessness. 

Following the established custom, I do hereby designate and 
proclaim Thursday, the ninth day of October, 1919, as 

FIRE AND ACCIDENT PREVENTION DAY 

I urge that on this day special exercises be held in schools 
and other public meeting places to call attention to the need- 
less loss of life and waste of property, through accidents and 
fire, and to the best methods of preventing both. 

I further urge and recommend : 

That all waste and rubbish be cleaned up and removed from 
private and public premises, 

That all stoves, boilers, furnaces, smoke pipes and chimneys 
be inspected and repaired before heavy fire is needed, 

That defective electric wiring and roofs be promptly re- 
paired, 

That hotels, factories, schools and all other public and 
private institutions where a large number of people assemble 
or labor be carefully examined for life and fire hazards, 

That the public press through its editorial and news columns 
call attention to the needless accidents and waste of property, 

That all teachers give definite instruction in methods of 
avoiding accidents and fires. 



506 Proclamations 

That municipal authorities give special attention to better 
and safer building construction, stricter adherence to building 
ordinances and codes, local fire prevention inspections, and 
the improvement of fire fighting facilities and apparatus. 

That fire drills be held on that day in factories, schools, and 
public buildings, and that teachers observe the law requiring 
monthly fire drills in all schools. 

That each citizen realize his duty and responsibility to his 
neighbors and to the community to keep and maintain his 
premises in a clean and safe condition, free from dangers to 
life, health and property. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis^ 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this 2nd day of October, 
A. D. 1919. 



SEAL. 



(Signed) 

EMANUEL L. PHILIPP, 
Governor. 



By the Governor : 
Merlin Hull, 

Secretary of State. 



Americanization Day 

October twenty-seventh is the sixty-first anniversary of the 
birth of Theodore Roosevelt. There has scarcely been a time 
in American history when it was so necessary to arouse the 
true American spirit and to bring our people close to American 
Institutions as now, and in recent times no man has to a greater 
extent exemplified American ideals as did our late beloved Ex- 
President. It may be said of him that in his youth he was 
found faithful over a few things, and he was made ruler over 
many. He cut his own trail clear and straight, and millions 
followed him toward the light. He broke a nation's slumber 
with his cry and it rose up. He cut the eyes of the blind with 
a flame that gave them vision. He was loyal to his country and 
he exacted loyalty. He loved many lands, but he loved his own 
land best. He was the type of American that the whole nation 
respected although men could and did disagree with him at 



For The Year 1919 507 

times. His interest in and loyalty to his country was never 
questioned. He was a man of action, and even those who had 
the widest differences with him in matters pertaining to the 
welfare of our country never doubted his honesty. 

To the young he was* an inspiration because he opened to 
them the door to the possibilities that stood before them. To 
the masses of struggling humanity his presence suggested faith 
in our government and in the justice of its institutions because 
he truly represented the spirit of the founders and the princi- 
ples of equality which they so carefully guarded in our consti- 
tution. 

It is helpful to good citizenship if we call attention to the 
lives and achievements of our nation's great men. It should be 
part of our plan of Americanization to teach American ideals 
in our schools as Theodore Roosevelt taught them to the people. 
THEREFORE, I, Emanuel L. Philipp, Governor of the State 
of Wisconsin, do hereby proclaim Monday, October twenty- 
seventh, 1919, as 

AMERICANIZATION DAY 
and request that upon that day all schools set aside a short 
time for patriotic exercises, dwelling upon the life and work 
of Theodore Roosevelt as an American, and the necessity of 
perpetuating American ideals. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twenty-second day of 
October, A. D. 1919. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 

Governor. 
By the Governor: 
Merlin Hull, 

Secretary of State. 



Armistice Day 

November eleventh of this year will be the first anniversary 
of the armistice which brought about a cessation of hostilities 
in the World War. The people of Wisconsin, in common with 



508 Proclamations 

the people of our country, are gratified that the truce has been 
maintained and that negotiations fixing the basis of lasting 
peace between the belligerent nations are in an advanced 
stage of progress. 

The people of Wisconsin rejoice at the return of American 
soldiers from service abroad and because of the natural and 
easy resumption of the cares of civil life by those who have 
been members of the military establishment of the nation. In 
other countries the disbandment of great armies nearly always 
has presented a major problem in readjustments following war. 
Here the transformation once more has been accomplished 
without difficulty, as it was at the conclusion of the strife of 
more than half a century ago, a consummation in both instances 
speaking well for the character of the American people. 

Opinions are expressed in some quarters that the armistice 
will be found to have marked the end of all war — the begin- 
ning of a permanent peace throughout the world. It is a beau- 
tiful thought — in fact, a hope that we may well wish will be fully 
realized. Selfishness has been responsible for most wars; it is 
an instinct that every person seems to possess in a greater or 
less degree, and as long as men are selfish nations will not be 
morally above the level of those who rule them. Unfortunately 
the war with its attending miseries has not changed human 
nature. "While we cannot guarantee a permanent peace to 
the world, we as a nation should use our influence against war 
whenever we can do so without a sacrifice of our national 
honor or the surrender of any important rights that are essen- 
tial to the happiness of our people. 

While celebrating Armistice Day the American people will 
remember that both the army and the navy rendered distin- 
guished service which brought the war to a speedy close, and 
that patriotic devotion such as American soldiers and sailors 
manifested in time of war is due to the nation from all its cit- 
izens in peace as it is' in war. 

Following the war there has existed a widespread spirit of 
unrest and discontent from which our own country is not 
entirely free, though its most violent manifestations have taken 
place in other lands. At such a time the patriotic American 
people will be especially alert to resist the evil designs of those 
who are not in sympathy with our sentiments to be dampened 
by unfair or false criticisms of our government, nor place any 



For The Year 1919 509 

faith in the un-American doctrines that are brought to us from 
foreign shores. Let us all remain faithful to our constitution. 
It has protected us in our liberties since the foundation of the 
government and it will do so in the future if we will adhere to 
its fundamental principles. 

Because of the importance of the event, I, Emanuel L. Phil- 
ipp, Governor of the State of Wisconsin, suggest the observ- 
ance of Tuesday, November eleventh, 1919, as Armistice Day 
by the people of Wisconsin. I recommend that patriotic serv- 
ices be held in the schools and colleges of the state and that 
the American flag be displayed from all public buildings', and 
I further recommend that a brief portion of the day be devoted 
to patriotic exercises wherever that is possible. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this fifth day of November, 
A. D. 1919. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 

Governor. 
By the Governor: 
Merlin Hull, 

Secretary of State. 



Thanksgiving Day 

It is an established custom in our country that dates back 
to early settlements to set aside a day for the worship of God 
and thanksgiving for the bountiful crops of the year and for 
the fact that the soil yielded enough to feed our people. This 
year a sufficient supply of food has been produced to make fam- 
ine impossible in any part of our land, and for this fact let us 
be truly grateful to Him who gave it. 

Because we have been favored with a food supply which ex- 
ceeds our own necessities, we should not be unmindful of our 
duty to the people of other lands who have been less fortunate 
than we and who are actually suffering the pangs of hunger, 
and give to them from our surplus in order that they too may 



510 Proclamations 

live and enjoy God's generosity to us. If we pursue a generous 
policy in this respect we shall not commit the sin of selfishness. 

At our last Thanksgiving Day the great World War had 
just come to a close by the signing of the armistice. Our boys 
in the army and navy were still in the service and there was 
great anxiety among our people concerning their return. A 
year has elapsed without the resumption of hostilities; our 
young men who escaped the extreme fate of a soldier have been 
returned to us and have again resumed their civil occupations. 
As we assemble to offer thanks for the year's blessings let us 
not forget to express our deep appreciation of the services of 
our sons and daughters who were able to respond to the call 
to the colors and participate in the defense of our country, and 
express our gratitude for their return. And I ask the good peo- 
ple of Wisconsin not to forget to bring a word of consolation 
and cheer to the homes of those who gave their lives to their 
country and are therefore not here now to rejoice with us. 

As we review the situation in the world in the past four years 
we cannot avoid the conclusion that our country and its people 
have been fortunate indeed to escape with no greater loss than 
we have sustained. I do not wish to underestimate the value 
of the fifty thousand or more lives that were lost during the 
war, and yet compared with the sacrifices made by other na- 
tions, it is but a small number. Our agriculture flourished and 
we have at all times had sufficient food. Work has been plenti- 
ful at unprecedented wages, and nowhere in our land was there 
hunger or deprivation among those who were able to render 
sufficient service to earn a comfortable living. 

Compared with the history of other nations during the -same 
period, the American people have indeed much to be thankful 
for and it would seem that only the best of feeling and good will 
should exist in our country. There is, nevertheless, a widespread 
feeling of unrest and dissatisfaction. It seems that agitators, 
who in the main are men of evil thought and design, have seen 
fit to take advantage of what looks to them as a most favorable 
opportunity to harrass the government and spread discontent 
among the people. We may, however, feel confident that this 
sentiment will in due time be overcome and that our government 
is in no sense in danger. 

In order that there be no cause for complaint let us strive to 



For The Year 1919 511 

establish a just relation between capital and labor wherever in- 
justice may exist ; and when that is established let us demand of 
every man who seeks the protection of our country and its laws 
that he be a genuine American in all that the term implies and 
forever banish from our shores those who would preach discon- 
tent and sedition; and when we have rid ourselves of the ene- 
mies of organized government, and particularly the enemies of 
this great republic, we will have accomplished something that 
our children and the generations to come will be truly thankful 
for. 

Therefore, I, Emanuel L. Philipp, Governor of the State of 
Wisconsin, do hereby designate and appoint Thursday, the twen- 
ty-seventh day of November, the day set apart by the President 
of the United States as 

THANKSGIVING DAY 
and I recommend that our people meet on that day in their 
accustomed places of worship and acknowledge their indebted- 
ness to God for the favors that have come to us during the past 
year and ask His guidance in the settlement of the many diffi- 
cult tasks we have before us. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this eleventh day of No- 
vember, in the year of our Lord, one thousand 
nine hundred and nineteen. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 

Governor. 
By the Governor: 

Merlin Hull, 
Secretary of State. 



Actors' Memorial Day 

For the splendid support given to our country during the 
World War we feel grateful to every class of people. The country 
needed the hearty support of the people in every trade and pro- 
fession, and in expressing our appreciation we should not for- 



512 Proclamations 

get any class that was helpful to the nation during the time of: 
serious trouble. 

Perhaps no single profession contributed more to the main- 
tenance of a good spirit and the promotion of patriotic senti- 
ment than did the actors who during the war period occupied 
the American stage. Nor was this their only contribution, they 
responded freely to the demands of the government for money 
and other support — in fact, their conduct during the war was 
such as to commend them to the kind considerations of the 
American people. 

The stage is in a measure a school ; the actors are the teachers 
and the lessons in patriotism that they taught by word and by 
illustrations were helpful in creating the patriotic sentiment 
that the war needed for its support. 

Entirely aside from any debt that we owe them for their 
generous support of our country, the people in this profession 
are entitled to our encouragement. In the main they are men 
and women whom nature has endowed with special talents, 
who create within us a love for that which is best in music, art 
and literature. Those who entertain us with their humor ren- 
der a service to* us by dispelling the gloom that accumulates 
during the hours of labor, and make our hearts lighter and life 
more cheerful. We admire these people; we wish them pros- 
perity; however, with few exceptions their reward, outside of 
personal popularity, is small, and their professional career is us- 
ually short. Faces wrinkled by age and infirm bodies do not 
as a rule attract large and profitable audiences, and, not unlike 
some other professions that serve the people, many men and 
women who give their best to the stage find themselves poor at 
the close of their stage lives. 

A movement has been placed on foot to recognize December 
fifth as Actors' Memorial Day. I am assured that this is in no 
sense a begging scheme, but merely a movement on the part of 
the people to aid the actors' profession in building up an actors' 
fund for the benefit of the men and women in the profession 
as a fitting recognition of their services. 

Therefore, I, Emanuel L. Philipp, Governor of the State of 
Wisconsin, do hereby declare Friday, December fifth, 1919, as 

ACTORS' MEMORIAL DAY, 
and urge the people of Wisconsin to give their generous support 



For The Year 1919 513 

to the people in the theatrical profession to whom we are in- 
debted for much both in time of war and in peace. 
IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this nineteenth day of No- 
vember, A. D. 1919. 

SEAL. 

(Signed) 

EMANUEL L. PHILLIP, 

Governor. 
By the Governor: 
Merlin Hull, 

Secretary of State. 



In Support of Wisconsin Anti-Tuberculosis Association 

Firmly convinced that the health of the people is a state's 
greatest asset and that the loss of human life and human pro- 
ducing power through needless death and disease is its greatest 
waste of valuable resources, I hereby designate the week of: De- 
cember 14th as a special Health Conservation week and urge the 
people of the state to give loyal cooperation in furthering the 
state's organized campaign against preventable disease and for 
better health. 

Wisconsin ranks high among the states of the union in its 
health work. The organized campaign against tuberculosis has 
proved the power of the people to control preventable and com- 
municable diseases by utilizing scientific knowledge and by edu- 
cating the people. It has proved that tuberculosis is both cur- 
able and preventable by steadily cutting 1 down the death rate 
and by restoring each year through sanatorium care the health 
and producing power of scores of men, women and children. 

In spite of this gratifying progress, however, tuberculosis 
still remains the greatest single menace to public health. It is 
the costliest of all diseases. It caused 2,319 deaths in Wiscon- 
sin in 1918. It claims its greatest number of victims between 
the ages of 18 and 45, the period of young parenthood, of great- 
est earning ability and of greatest economic value. Its preva- 
lence among children is appalling and is just beginning to be 
realized. 



514 Proclamations 

There are in Wisconsin approximately 2,900 young men of 
draft age who were not allowed to serve in the recent war be- 
cause tuberculosis made them unfit to fight. These men and oth- 
er sufferers from the disease must be cared for. Families and 
friends must be protected from the danger of contagion. 

The constructive work of peace, especially in these unsettled 
times, with their tremendous obligations, also calls for a max- 
imum efficiency. Physical and mental fitness are as essential 
now as they were in the war emergency. Health conservation 
is therefore a civic duty. 

To this end I urge that generous support be given the Wis- 
consin Anti-Tuberculosis Association in the annual sale of Red 
Cross Christmas seals with which it finances the educational 
campaign against preventable disease. In this sale it is the state 
representative of the National Tuberculosis Association and 
the American Red Cross. The work that it is doing means a 
better, healthier Wisconsin and cannot be commended too high- 
ly or supported too loyally. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this fifth day of December, 
A. D. 1919. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 

Merlin Hull, 
Secretary of State. 



Father and Son Week 

The foundation for much that is good within us is laid in the 
days of our youth. Honesty, industry and love of country are vir- 
tues that should be brought to the attention of the young minds, 
especially to the boys, early and often. Character building is a 
duty that is often neglected, which is responsible for the miscon- 
duct of some young persons who would not diverge from the 
path of duty if they had been properly led in the days of their 
youth by those who have the greatest influence over them. 



For The Year 1920 515 

Every father can easily cultivate the love of his son and can 
promote in him an ambition to be a worthy citizen and a desire 
to have the respect of his fellowmen. 

The love of country must be instilled in the young heart. 
If that be done, it will lay the foundation for good citizenship 
for a lifetime. Upon the boys of today rest the responsibilties 
of the future, and it should be our purpose to prepare them for 
that responsibility in so far as it is possible to do it. 

In order to bring father and son in a closer relation for their 
mutual good, the custom has sprung up to set aside a week in 
the month of February to be known as 

"FATHER AND SON WEEK." 

This year the days of February 16th to 21st, both inclusive, have 
been selected for this purpose. 

I earnestly recommend that every father who has a son will 
make a special effort to establish a closer relation with him, 
in order that he may lead him in the paths that he should be 
led to develop that type of manhood which is so essential to 
his success. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
. consin to be affixed. Done at the Capitol, in 
the City of Madison, this fourth day of Febru- 
ary, in the year of our Lord, one thousand nine 
hundred and twenty. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



Arbor and Bird Day 

The season of spring is with us. Nature is awakening; the 
trees are budding, and the birds have returned to their sum- 
mer home. It is a time when we should all be impressed by the 
beauties of nature and w T e should be willing to aid her in her 
effort, to please us by ornamenting our home surroundings, par- 



516 Proclamations 

ticularly our yards and lawns, by planting flowers and trees, 
all of which adds beauty to the city and the country. 

We should also give our attention to the bird life by building 
suitable houses or bird homes for them and do all things that 
will bring these beautiful creatures closer to us, in order that 
we may have the full enjoyment of their presence. 

Nature is kind to us, if we will give her an opportunity. How- 
ever, she will not entirely unfold her beauty without an effort 
on our part, and it is with this thought in mind that the Legis- 
lature of our state has provided by statute that a day be set 
aside during the month of May on which the things which I 
herein call your attention to shall be carried out. 

It is important that the school children of the state receive 
instruction in the value of plant and bird life, and I suggest 
that sufficient time be set aside for appropriate exercises and 
lectures by the teachers upon this important subject on the 
day set apart for it. 

In accordance, therefore, with the established law and custom, 
I, Emanuel L. Philipp, Governor of the State of Wisconsin, do 
hereby proclaim Friday, the Seventh day of May, 1920, 
ARBOR AND BIRD DAY. 
IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this thirtieth day of April, 
in the year of our Lord, one thousand nine hun- 
dred and twenty. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 

Merlin Hull, ! 

Secretary of State. 



Ship By Truck 

In harmony with the action taken by the executives of many 
other states, I take pleasure in calling the attention of the peo- 
ple of Wisconsin to what has been designated throughout the 
Union as "National Ship by Truck" week, May 17th to 22nd. 



For. The Year 1920 517 

The purpose of this week is to focus the attention of the peo- 
ple on the advantages of the motor truck as a medium of short- 
haul transportation. In the present congested condition of our 
railroad facilities, the problem of transportation is an extremely 
acute one, and any means which tends to relieve this conges- 
tion should be encouraged. The encouragement of the use of 
the motor truck as a means of short-haul transportation, this re- 
lieving the railroads of part of their burden, is worthy of our 
serious consideration. 

Joining in the nation-wide "Ship by Truck" week movement, 
I ask the people of Wisconsin during that week to direct their 
attention to the important place of truck transportation and its 
value in assisting to solve our national transportation problem, 
which today is in a most acute condition. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of this state to be 
affixed this fifth day of May, 1920. 

SEAL. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



Convening the Legislature in Special Session 

I, Emanuel L. Philipp, Governor of the State of Wisconsin, 
under and by virtue of Section 4 of Article V of the Consti- 
tution of said state, which provides that the Governor shall have 
power to convene the Legislature on extraordinary occasions, 
do issue this, my proclamation, to convene the Legislature of 
said state, at the seat of government at Madison, on the 25th 
day of May, A. D., 1920, at 2 :00 o'clock in the afternoon of that 
day, to consider and act upon the following subjects of legisla- 
tive business, to-wit : 

1. Amending existing statutes and enacting new laws gov- 
erning the relations between landlords and tenants, in so far as 
said relations affect office buildings, tenement houses, apart- 
ment houses, flat buildings, duplex buildings and dwelling hous- 
es located in cities and in villages in counties having a pop- 



518 Proclamations 

ulation of two hundred fifty thousand or over, provided no such 
law shall affect any dwelling house that is partially occupied by 
the owner thereof for residential purposes; such new laws to 
provide protection for tenants by prohibiting unjust and unrea- 
sonable rents, compelling landlords to maintain adequate serv- 
ice and protecting tenants against unjust and unreasonable 
evictions; such new laws to also regulate the business of 
rent brokers or persons engaged in buying and selling leases, 
by preventing them from demanding or collecting unjust and 
unreasonable rents, and such other provisions as may be deemed 
necessary for the reasonable control of such rentals. Also mak- 
ing an appropriation to the Railroad Commission for the ad- 
ministration of such laws, and likewise an appropriation to pay 
the expenses incurred by the committee appointed by the Gov- 
ernor to investigate the question of rents. 

2. Amending paragraph (b) of subsection (4) of section 
20.36 and paragraph (b) of subsection (2) of section 20.39 of 
the statutes, increasing the mill tax for the support of the 
normal schools and university. 

3. Increasing the appropriations for operation, maintenance 
and capital account of the university. 

4. Providing for the establishment of a state general hos- 
pital in connection with the medical school at the Unversity, and 
for the treatment of patients therein. 

5. Making an appropriation creating a revolving fund for 
the preparation, cost of transportation and distribution of ex- 
plosives for land clearing and other purposes. 

6. Amending paragraph (a) of subsection (2) of section 
20.38 of the statutes by increasing the appropriation for the 
general operation of normal schools. 

7. Increasing the appropriation for operation and making 
an appropriation for equipment of Stout Institute. 

8. Increasing the appropriation for operation and capital of 
the Wisconsin mining school. 

9. Amending subsection (2) of section 39.14 of the statutes, 
relating to salaries for supervising teachers. 

10. Amending subsection (2) of section 39.04 of the. stat- 
utes, relating to salaries of county superintendents of schools. 

11. Increasing the minimum salaries of teachers in the pub- 



For The Year 1920 519 

lie schools and increasing the minimum rate of taxation to take 
care of such salary increase. 

12. Increasing the state aid for county training schools. 

13. Amending paragraph (a) of subsection (1) of section 
40.42 of the statutes, relating to non-resident tuition fees in first 
class state graded schools offering instruction in the ninth or 
tenth or in the ninth and tenth grades. 

14. Amending the statutes relating to the creation and organ- 
ization of union free high school districts. 

15. Amending subsection (3) of section 41.16 of the statutes, 
increasing the tax rate for vocational education. 

16. Making an appropriation to the Free Library Commis- 
sion for the operation of the library school. 

17. Amending subsection (17) of section 20.17, relating to 
the industrial home for women. 

18. Providing comfort stations at the state fair grounds, 
and making an appropriation therefor. 

19. Making an appropriation to the state inter-department 
committee on community councils. 

20. Amending subsections (1) and (5) of section 59.57 of 
the statutes, relating to the fees of registers of deeds. 

21. Amending sections 959-33 and 959-35b of the statutes, 
and re-enacting section 959-32 of the statutes of 1917, relating 
to payment of contractors for public improvements and legal- 
izing proceedings taken and contracts made for such improve- 
ments in disregard of chapter 520, laws of 1919. 

22. Authorizing cities to issue bonds for the construction of 
breakwaters. 

23. Validating and legalizing bonds heretofore authorized by 
cities and counties and the proceedings preliminary to such au- 
thorization. 

24. Authorizing cities of the first class to accept and pay 
for concrete posts heretofore furnished such cities for the mu- 
nicipal lighting system therein, notwithstanding the contracts 
therefor were let without calling for bids as provided for by 
the charter of said cities and notwithstanding said posts were 
made by a patented machine, and validating contracts hereto- 
fore entered into for said posts in disregard of said charter 
provisions. 



520 Proclamations 

25. Authorizing the transfer of any unexpended balance 
in the Service Recognition fund, created by chapter 667, Laws 
of 1919, to the general fund for the purpose of carrying out the 
provisions of chapter 5, Laws of 1919, special session, known 
as the Educational Bonus Law. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this nineteenth day of 
May, in the year of our Lord, one thousand nine 
hundred and twenty. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



Memorial Day 

The American people are deeply indebted to the brave men 
and noble women who have assumed the burdens of our wars, 
and who gave their labor, their blood and their tears to our 
country, not merely for themselves and their own purposes 
but for the present generation and for those who are yet to 
come. They willingly made the sacrifice that our country's in- 
terest demanded, because of their love for American freedom 
and American ideals. 

In order that the deeds of those who offered their lives in 
the defense of our country be not forgotten, a custom has been 
established to set aside a day in the month of May when all in- 
dustry shall cease and the people devote their time and thought 
to a review of the human sacrifice that has been made for us, to 
appropriately decorate the graves of our soldiers and sailors 
whose final resting place is with us, and to hold patriotic meet- 
ings for the purpose of reviewing the heroic deeds of the dead, 
in order that their memories shall live and that the living may 
profit by the unselfish examples that the history of our past 
places before us. 

For many years we devoted our thoughts on this solemn occa- 



For The Year 1920 521 

sion to the soldiers and sailors who responded to the call of 
Abraham Lincoln to preserve this Union of States and estab- 
lish a country that is truly free. This year we shall also honor 
the brave men who gave their lives to our country and its 
ideals during the recent war, and I must not fail to remind you 
to honor those who fell in foreign lands and whose graves are, 
therefore, not with us. 

It is a day of renewed sorrow in many homes and 1 ask that 
you give special consideration to the mothers whose sons did not 
return, and that each be given an appropriate flower to wear 
on this day as a mark of appreciation by the people of the state 
of Wisconsin of the services of her son to his country and the 
great sacrifice that she has made for us. 

We are living in a period when organized government is in 
peril throughout the world. It is difficult for us to understand 
why our own country, with a government that is so free that 
it gives every citizen every wholesome liberty, can be subjected 
to severe criticism and even threatened by an element of people 
who have been persuaded to believe that they are being op- 
pressed. Surely the government is responsive to the will of the 
people and whatever changes are necessary will in due time be 
made by the people in an orderly way through new representa- 
tion. 

We must not forget the fact that it is but a few months more 
than a year since the last shot was fired in a great war that 
upset the economic conditions over the entire world. The eco- 
nomic levels that will set all things right cannot be re-estab- 
lished in a day or a year nor should our government be blamed 
or even criticised because of conditions that have been forced 
upon us by Europe. 

I believe it to be entirely appropriate upon this day of pa- 
triotic devotion, dedicated to the defenders of our country, to 
admonish the people to remain calm, and true to our govern- 
ment and its institutions, and to have faith in the ability of our 
chosen representatives to re-establish, so far as government can, 
conditions that will be fair and just to all, and that the happi- 
ness and contentment that prevailed in this country from the 
foundation of this government up to the time of the beginning 
of the great world war will return to us, and that the enemies 
of this republic will again be forced to admit that a govern- 



52.2 Proclamations 

ment by the people, under our organic law, is the best type of 
government that human genius has been able to invent. 

THEREFORE, I, Emanuel L. Philipp, Governor of the State 
of Wisconsin, hereby designate Monday, May thirty -first, 1920 

MEMORIAL DAY 
and I request that the people meet in the schoolhouses and 
churches and other public meeting places and devote their 
thoughts to our national ideals, to sing patriotic songs, and to 
do those things that I have suggested in this proclamation. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this twentieth day of May, 
A. D. 1920. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



Labor Day 

The welfare of labor and the best interests of the state are 
identical. In a broad sense all who toil are laborers, whether 
they work with their hands or with their brains, on the farm or 
in the factory. Labor constitutes the bulk of our citizenship 
and its welfare is the paramount interest of the state. 

Wisconsin has sought to deal fairly with labor. The laws 
which it has enacted for the benefit of the man who toils are 
noted the country over for their fairness and liberality. 

All history is a record of the advance of the common man and 
while we have not yet reached ideal conditions, in no other land 
is the honest toiler more respected or better paid. 

Constructive improvements in the conditions of the common 
laborer are in the line of true social progress. Agitation and 
radical change, however, lead only to ruin. In Russia today 
under the "dictatorship of the proletariat", the common man is 
starved, enslaved and terrorized. 

With few exceptions, the working men in Wisconsin believe in 



For The Year 1920 523 

our country and in our institutions. Wisconsin takes rank 
among the greatest of agricultural and manufacturing states 
because of the industry and good common sense of its toilers. 

Labor is the foundation stone of happiness, wealth and pros- 
perity. Without it our fertile fields would be a wilderness and 
a barren waste, our great manufacturing plants a thing un- 
known. Civilization is measured by the yard stick of honest toil. 
Let us then pay our tribute to the toiler, recognizing that to him 
is due much of the sum total of the world 's happiness. 

We must recognize also that only through cooperation between 
capital and labor can industry be maintained. The greatest 
need of the present day is a better understanding between man- 
agement and labor, to the end that there may be harmony and 
contentment, added production and increased benefits. 
I urge upon all to apply the text of the Golden Rule. 
I hereby declare Monday, September 6, 1920, 
LABOR DAY 
and recommend that it be observed as a holiday throughout the 
state of Wisconsin. 

IN TESTIMONY WHEREOF,I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this first day of Septem- 
ber, in the year of our Lord, one thousand nine 
hundred and twenty. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



Second Anniversary of Armistice Day 

November eleventh of this year will be the second anniversary 
of the armistice which brought about a cessation of the hostilities 
in World War. It is an anniversary of an event which the 
people of our country, and in fact the people of the entire civ- 
ilized world, received with joy because it meant the beginning 



524 Proclamations 

of an end of the sacrifice of human life and all the miseries that 
associated with war. 

It is a great satisfaction to us all that the terms of the arm- 
istice have been well observed by all the belligerent nations 
and that despite the fact that our country has been unable to 
conclude terms of peace with the nations with which we were 
at war, there has been no disposition to renew hostilities and 
no further sacrifice of American blood and treasure has been 
demanded of us. 

In our own country we have passed through two years of 
reconstruction without serious consequences, and no demand has 
been made upon our young manhood for any further sacrifice 
to protect the peace and safety of our people at home. All this 
speaks well for the stability of our population, and again demon- 
strates to the world that this republic is safe under all condi- 
tions. 

The late war has again forcefully taught the lesson that a 
government is no stronger than its military forces and that we 
are at all times dependent upon those who are capable of render- 
ing military service to protect our homes and firesides against 
our enemies who may seek to destroy us. We should, therefore, 
at all times have a proper appreciation of the men and women 
who have rendered military service, and I call upon the people 
of Wisconsin to devote as much of this day as they can spare 
from their labors to a recognition of the services of the survivors 
of the late war, and I do especially request that our memories of 
those who lost their lives in the great conflict be revived and 
that their names be placed before the living as examples of pa- 
triotic devotion to our country. 

I recommend that an hour be devoted in each and every 
school to a review of our country's participation in the World 
War and the service rendered by our soldiers, sailors and nurses, 
in order that our young people may grow up with a proper 
appreciation of that service and a better understanding of the 
duties of citizenship. 

I am without authority to declare this day a legal holiday. I 
feel confident, however, that the people will voluntarily comply 
with the suggestions that I have expressed in this proclamation 



For The Year 1920 525 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this fifth day of November, 
A. D. 1920. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



Fire Prevention Day 

To protect the welfare of its people is one of the prime func- 
tions of government. 

In 1919 Wisconsin suffered a fire loss of $5,972,200, nearly 
$500,000 a month, or over $16,590 per day. 

That much wealth in natural and created resources has been 
turned into ashes, and no insurance moneys can replace these 
products of forests, fields, mines and human labor. 

During last year 73 persons died and 147 were injured through 
fire in Wisconsin, and 17,207 accidents, 226 of them fatal, in 
shops, factories, on railroads and in other places of employment 
were reported to the State Industrial Commission. 

The waste of human life and property seriously impedes the 
progress of the state, and the welfare of its people, and it is well 
that all seriously consider this waste, and study effective means 
to eliminate them as far as possible. 

NOW THEREFORE, I, Emanuel L. Philipp, Governor of 
the State of Wisconsin, do hereby designate and proclaim Satur- 
day, October 9, 1920, as 

FIRE AND ACCIDENT PREVENTION DAY 

And I earnestly recommend that on this day special exercises 
be held in all school and in other public meeting places to call 
attention to the needless sacrifice of human lives and waste of 
property and to effective remedies of prevention. 

All factories, schools, hotels and other public and semi-public 
buildings should be inspected for fire and life hazards. 

All property owners should attend to defective chimneys, 



5 "36 Proclamations 

stoves, boilers, furnaces, smoke pipes, roofs, electric wiring and 
the removal of combustible waste materials. 

Municipal authorities should give constant attention to better 
building construction, adherence to building codes and ordi- 
nances, and fire protection and fire prevention. 

Fire drills should be held on this day in all institutions, fac- 
tories and schools, and all teachers should give instruction in 
accident prevention. 

I ask that the public press carry to its readers messages of 
greater safety and care. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this 20th day of Septem- 
ber, A. D. 1920. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP, 
Governor. 
By the Governor : 
Merlin Hull, 
Secretary of State. 



Thanksgiving Day 

We have reached that season of the year when our harvest has 
been completed ; the crops have been gathered and stored, and 
as we review the results of the year 's efforts we become conscious 
of the fact that we are again a favored people. 

The year Nineteen Hundred and Twenty will go into history 
as one that produced abundant crops, not only in Wisconsin but 
throughout the length and breadth of our land. Because of 
these bountiful crops we shall have a sufficient supply of food 
and even more; we shall have a large surplus of the products 
of the soil that we can give to the peoples of other lands who 
have been less fortunate than we. 

For this very generous bounty that God by His will per- 
mitted to come to us, we should be truly grateful. Not all good 
things that come to us are of our own making, nor are they 
wholly due to any virtue of our own. Itl is, therefore, fitting 
that we receive these favors of Providence in a spirit of grati- 



For The Year 1920 527 

tude and that in accordance with our American custom we set 
aside a day to render thanks to Him who gave it for the benefits 
received and take deeper thought upon the duties which such 
benefits imposed upon us. 

Not all the world is so favorably situated. Across the sea 
many people are still suffering the pangs of hunger as a result 
of the great World War. That is particularly true in the coun- 
tries with which we have been at war. 

In view of the large surplus of food produced in our country 
during this year, let us be generous in our gifts to the women 
and children and to the helpless of all classes who live in the 
countries of Europe that have been made barren by the ravages 
of war. Now that hostilities have ceased and peace has been 
established, we Americans can well afford to deal with our 
former enemies in a spirit of charity and particularly with those 
who because of their youth or age or other reasons did not take 
up arms against us. 

We have passed through two years of the period of reconstruc- 
tion following the close of the war. It is a genuine blessing for 
us that hostilities were not again renewed and that we have been 
able to pass through this critical period in our own country 
without any serious disturbances, and while we have not yet 
reached the point where we can say that pre-war conditions have 
been restored, we have reason to believe that we shall find our 
economic balance before long and that good order will prevail 
for the balance of the reconstruction period. It has in some 
respects been a critical time; however, the people have borne 
it all with patience, which speaks well for the stability of our 
population and the popularity of our government with its people. 

We have passed through a great and important election. The 
will of the people has been honestly recorded and the minority 
has calmly accepted the result, and the people of every shade 
of political belief seem to have joined in the wish that the new 
administration may be successful and that it will promptly con- 
clude treaties of peace with the nations with which we have been 
at war, and establish order and good will and faith in the govern- 
ment at home. 

These events are all of first importance to our people, and we 
must not be ungrateful for God's guidance in bringing them 
about. Therefore, I, Emanuel L. Philipp, Governor of the State 






528 Proclamations 

of Wisconsin, in conformity with the proclamation of the Presi- 
dent of the United States of America, do hereby designate and 
proclaim Thursday, the twenty-fifth day of November 

THANKSGIVING DAY 

and I recommend that the people meet on that day in their 
accustomed places of worship and acknowledge their indebted- 
ness to God for the favors that have come to us during the past 
year and ask His guidance in the settlement of the many diffi- 
cult tasks we have before us. 

IN TESTIMONY WHEREOF, I have hereunto set my hand 
and caused the Great Seal of the State of Wis- 
consin to be affixed. Done at the Capitol, in 
the City of Madison, this seventeenth day of 
November, in the year of our Lord, one thousand 
nine hundred and twenty. 
Seal. 

(Signed) 

EMANUEL L. PHILIPP 
Governor. 
By the Governor: 
Merlin Hull, 
Secretary of State. 



CONTENTS 

Legislative Messages 

res to the Regular Session of 1915 Pages 5 to 112 

Messages to the Special Session of 1916 Pages 112 to 152 

Messages to the Regular Session of 1917 Pages 153 to 233 

Messages to the Special Session of 1918 Pages 234 to 258 

Messages to the Eegular Session of 1919 Pages 258 to 390 

Messages to the Special Session of 1919 Pages 391 to 395 

Messages to the Special Session of 1920 Pages 396 to 413 

Proclamations 

Tor the Year 1915 Pages 417 to 427 

For the Year 1916 Pages 427 to 437 

For the Year 1917 Pages 437 to 459 

For the Year 1918 Pages 459 to 490 

For the Year 1919 Pages 491 to 515 

For the Year 1920 . . Pages 515 to 527 



